Sec. 2 

The Industrial Disputes Act, 1947 

1 

THE INDUSTRIAL DISPUTES ACT, 1947 

Sec. 

[14 OF 1947] 

An  Act  to  make  provision  for  the  investigation  and  settlement  of  industrial 

disputes, and for certain other purposes. 

WHEREAS  it  is  expedient  to  make  provision  for  the  investigation  and 
settlement  of  industrial  disputes,  and  for  certain  other  purposes  hereinafter 
appearing;  

It is hereby enacted as follows: 

[11th March, 1947]  

CHAPTER-I 
 PRELIMINARY 

1. Short title, extent and commencement.- (1) This Act may be called The 

Industrial Disputes Act, 1947. 

1[(2) It extends to the whole of India.] 
2[***] 
 (3) It shall come into force on the first day of April, 1947. 

2.  Definitions.-  In  this  Act,  unless  there  is  anything  repugnant  in  the 

subject or context,- 
(a) 

“appropriate Government” means- 
(i)  

in relation to any industrial dispute concerning 3[***] any 
industry  carried  on  by  or  under  the  authority  of  the 
Central Government,  4[***] or by a railway company  5[or 
concerning  any  such  controlled  industry  as  may  be 
specified in this behalf by the Central Government  6[***] 
or  in  relation  to  an  industrial  dispute  concerning 
7[8[9[10[a  Dock  Labour  Board  established  under  Section 
5-A  of  the  Dock  Workers  (Regulation  of  Employment) 
Act,  1948  or  11[the  Industrial  Finance  Corporation  of 
India  Limited 
the 
Companies Act, 1956 (1 of 1956)] or the Employees State 
Insurance  Corporation  established  under  Section  3  of 
the  Employees  State  Insurance  Act,  1948  (34  of  1948), 

registered  under 

formed  and 

1   Subs by Act No. 36 of 1956, sec. 2, for sub-section (2) (w.e.f. 29-8-1956). 
2   Proviso omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971). 
3   Certain  words  and  figures  ins.  by  Act  10  of  1963,  S.47  and  Sch.II,  Pt.  II  have  been 

omitted by Act 36 of 1964, S.2 (w.e.f. 19.12.1964) 

4   The words “by the Federal Railway Authority” omitted by the A.O. 1948 
5   Ins. by Act 65 of 1951, S.32 
6   The words “operating a Federal Railway” omitted by the A.O. 1950 
7   Ins. by Act 47 of 1961, S.51 (w.e.f. 1.1.1962) 
8   Subs. by Act 36 of 1964, S.2, for “the Deposit Insurance Corporation established” (w.e.f. 

19.12.1964) 

9   Subs. by Act 45 of 1971, S.2 (w.e.f.15.12.1971 
10  Subs. by Act No.46 of 1982 (w.e.f.) 21.8.1984 
11  Subs.  by  Act  No.24  of  1996  dt.  16.8.1996,  s.  2  deemed  to  have  come  into  force  from 

11.10.1995 

 
 
 
 
 
 
                            
2 

The Industrial Disputes Act, 1947 

Sec. 2 

Fund 

Provident 

or  the  Board  of  Trustees  constituted  under  Section  3-A 
of  the  Coal  Mines  Provident  Fund  and  Miscellaneous 
Provisions  Act,  1948  (46  of  1948),  or  the  Central  Board 
of Trustees and the State Boards of Trustees constituted 
under  Section  5A  and  Section  5B,  respectively,  of  the 
Employees' 
and  Miscellaneous 
Provisions  Act,  1952  (19  of  1952),  1[****],  or  the  Life 
Insurance Corporation of India established under section 
3  of  the  Life  Insurance  Corporation  Act,  1956  (31  of 
1956), or  2[the Oil and Natural Gas Corporation Limited 
registered under the Companies Act, 1956 (1 of 1956) or 
the Deposit Insurance and Credit Guarantee Corporation 
established  under  Section  3  of  the  Deposit  Insurance 
and  Credit  Guarantee  Corporation  Act,  1961  (47  of 
the  Central  Warehousing  Corporation 
1961),  or 
established  under  Section  3  of  the  Warehousing 
Corporations Act, 1962 (58 of 1962), or the Unit Trust of 
India  established  under  Section  3  of  the  Unit  Trust  of 
India  Act,  1963  or  the  Food  Corporation  of  India 
established  under  Section  3  or  a  Board  of  Management 
established  for  two  or  more  contiguous  States  under 
Section  16  of  the  Food  Corporations  Act,  1964  (37  of 
1964),  or  3[the  Airports  Authority  of  India  constituted 
under  Section  3  of  the  Airports  Authority  of  India  Act, 
1994 (55 of 1994)] or a Regional Rural Bank established 
under  Section  3  of  the  Regional  Rural  Banks  Act,  1976 
(21  of  1976)  or  the  Export  Credit  and  Guarantee 
Corporation  Limited  or  the  Industrial  Reconstruction 
Bank  of  India  Limited],  4[the  National  Housing  Bank 
established  under  section  4  of  the  National  Housing 
Bank  Act,  1987  (53  of  1987),  or  5[6[an  air  transport 
service, or a banking or an insurance company], a mine, 
an oil-field], 7[a Cantonment Board], or a major port, the 
the Central Government, and]] 
in  relation  to  any  other  industrial  dispute,  the  State 
Government; 

(ii)  

8[(aa)  

“arbitrator” includes an umpire;] 

1   Omitted  by  Act  No.24  of  1996  dt.  16.8.1996,  deemed  to  have  come  into  force  from 

11.10.1995 

2   Subs. by Act No.24 of 1996, sec. 2 for certain words (w.r.e.f 11-10-1195). 
3   Subs.  by  Act  No.  24  of  1996  dt.  16.8.1996,  deemed  to  have  come  into  force  from 

11.10.1995 

4   Ins. by Act 53 of 1987, S.56 (w.e.f. 9.7.1988) 
5   Subs.  by  Act  No.24  of  1996  dt.  16.8.1996,  deemed  to  have  come  into  force  from 

11.10.1995 

6   Subs. by Act No.24 of 1996, sec. 2 for certain words (w.r.e.f 11-10-1195). 
7   Ins. by Act 36 of 1964, sec. 2 (w.e.f. 19.12.1964) 
8   Ins. by Act 36 of 1964, S.2 (w.e.f. 19.12.1964) 

 
 
 
 
                            
Sec. 2 

The Industrial Disputes Act, 1947 

3 

1[2[(aaa)]  “average  pay”  means  the  average  of  the  wages  payable  to  a 

workman- 
(i)  

 (ii)  

 (iii)  

in  the  case  of  monthly  paid  workman,  in  the  three 
complete calendar months, 
in the case of weekly paid workman, in the four complete 
weeks, 
in  the  case  of  daily  paid  workman,  in  the  twelve  full 
working  days,  preceding  the  date  on  which  the  average 
pay  becomes  payable  if  the  workman  had  worked  for 
three complete calendar months or four complete weeks 
or  twelve  full  working  days,  as  the  case  may  be,  and 
where such calculation cannot be made, the average pay 
shall  be  calculated  as  the  average  of  the  wages  payable 
to a workman during the period he actually worked;] 

3[(b)  

“award”  means  an  interim  or  a  final  determination  of  any 
industrial  dispute  or  of  any  question  relating  thereto  by  any 
Labour Court, Industrial Tribunal or National Industrial Tribunal 
and includes an arbitration award made under Section 10- A;] 

4[(bb)   “banking  company”  means  a  banking  company  as  defined  in 
Section  5  of  the  5[Banking  Companies  Act,  1949  (10  of  1949), 
having branches or other establishments in more than one State, 
and includes 6[the Export-Import Bank of India], 7[the Industrial 
Industrial  Reconstruction  Bank  of  India],  8[***],  9[the  Small 
Industries Development Bank of India established under section 
3  of  the  Small  Industries  Development  Bank  of  India  Act,  1989 
(39 of 1989)] [the Reserve Bank of India, the State Bank of India, 
10[a corresponding new bank constituted under Section 3 of the 
Banking  Companies  (Acquisition  and  Transfer  of  Undertakings) 
Act,  1970  (5  of  1970)  11[a  corresponding  new  bank  constituted 
under  Section  3  of  the  Banking  Companies  (Acquisition  and 
Transfer  of  Undertakings)  Act,  1980  (40  of  1980),  and  any 
subsidiary  bank],  as  defined  in  the  State  Bank  of  India 
(Subsidiary Banks) Act, 1959 (38 of 1959);] 
“Board”  means  a  Board  of  Conciliation  constituted  under  this 
Act; 

(c)  

12[(cc)   “closure”  means  the  permanent  closing  down  of  a  place  of 

employment or part thereof; 

1   Ins. by Act 43 of 1953, S.2 (w.e.f. 24.10.1953) 
2   Re-lettered by Act No.36 of 1964 
3   Subs. by Act No. 36 of 1956. 
4   Subs. Act No.38 of 1959. 
5   Now “the Banking Regulation Act, 1949”. 
6   Ins. by Act No.28 of 1981. 
7   Ins. by Act No.62 of 1984 (w.e.f.) 20.3.1985. 
8   The words “The Industrial Development Bank of India”, ins. By Act 18 of 1964, sec. 38 
and Sch. II, Pt. II (w.e.f. 1-7-1964) and omitted by Act 53 of 2003, sec. 12 and sch., Pt. 
III. 

9   Inserted by Act 39 of 1989, sec. 53 and 2nd Sch. 
10  Subs. by Act 5 of 1970, sec. 20, for “and any subsidiary bank” (w.r.e.f. 19-7-1969). 
11  Subs. by Act 40 of 1980, sec. 20, for “and any subsidiary bank” (w.r.e.f 15-4-1980). 
12  Ins. by Act No. 46 of 1982. 

 
 
                            
4 

The Industrial Disputes Act, 1947 

Sec. 2 

 (d)  

 (e)  

1[(ee)  

2[***] 
 (f)  
 (g)  

“conciliation officer” means a conciliation officer appointed under 
this Act; 
“conciliation  proceeding”  means  any  proceeding  held  by  a 
conciliation officer or Board under this Act; 
“controlled industry” means any industry the control of which by 
the Union has been declared by any Central Act to be expedient 
in the public interest;] 

“Court” means a Court of Inquiry constituted under this Act; 
“employer” means- 
 (i)  

in  relation  to  an  industry  carried  on  by  or  under  the 
authority of any department of 3[the Central Government 
Government  or  a  State  Government]  the  authority 
prescribed  in  this  behalf,  or  where  no  authority  is 
prescribed, the head of the department;  
in relation to an industry carried on by or on behalf of a 
local  authority,  the  chief  executive  officer  of  that 
authority; 

 (ii)  

4[(gg)  

“executive”,  in  relation  to  a  trade  union,  means  the  body  by 
whatever name called, to which the management of the affairs of 
the trade union is entrusted;] 

 5[(h) ***] 
 (i)  

a person shall be deemed to be “independent” for the purpose of 
his  appointment  as  the  chairman  or  other  member  of  a  Board, 
Court  or  Tribunal,  if  he  is  unconnected  with  the  industrial 
dispute  referred  to  such  Board,  Court  or  Tribunal  or  with  any 
industry directly affected by such dispute; 

6[Provided that  no person shall cease to be independent by 
reason  only  of  the  fact  that  he  is  a  shareholder  of  an 
incorporated  company  which  is  connected  with,  or  likely  to  be 
affected by, such industrial dispute; but in such a case, he shall 
disclose to the appropriate Government the nature and extent of 
the shares held by him in such company;] 

7(J)  

“INDUSTRY” MEANS ANY BUSINESS, TRADE, UNDERTAKING, 

MANUFACTURE OR CALLING OF EMPLOYERS AND INCLUDES ANY 
CALLING, SERVICE, EMPLOYMENT, HANDICRAFT, OR INDUSTRIAL 
OCCUPATION OR AVOCATION OF WORKMEN; 
“industrial  dispute”  means  any  dispute  or  difference  between 
employers  and  employers,  or  between  employers  and  workmen, 
or between workmen and workmen, which is connected with the 

(k)  

1   Ins. by Act No. 65 of 1951. 
2   Omitted by Act No. 36 of 1964 (w.e.f. 15.12.1964.) 
3   Subs.  by  the  Indian  Independence  (Adaptation  of  Central  Acts  and  Ordinance)  Order, 

1948. 

4   Ins. by Act 45 of 1971. 
5   Omitted by the A.O. 1950. 
6   Ins. by Act 18 of 1952. 
7   On  the enforcement of clause (c)  of  section 2  of Act  46 of 1982, clause  (j) of section 2 
shall stand substituted as directed in clause (c) of Act 46 of 1982. For the text of clause 
(j) of section 2 see Appendix.  

 
 
                            
Sec. 2 

The Industrial Disputes Act, 1947 

5 

1[(ka)  

employment  or  non-employment  or  the  terms  of  employment  or 
with the conditions of labour, of any person; 
“industrial 
an 
establishment  or  undertaking  in  which  any  industry  is  carried 
on: 

or  undertaking”  means 

establishment 

Provided that where several activities are carried on 

 (a)  

 (b)  

in an establishment or undertaking and only one or 
some of such activities is or are an industry or 
industries, then,- 
if  any  unit  of  such  establishment  or  undertaking 
carrying  on  any  activity,  being  an  industry,  is  severable 
from  the  other  unit  or  units  of  such  establishment  or 
undertaking, such unit shall be deemed to be a separate 
industrial establishment or undertaking; 
if  the  predominant  activity  or  each  of  the  predominant 
activities  carried  on 
in  such  establishment  or 
undertaking  or  any  unit  thereof  is  an  industry  and  the 
other activity or each of the other activities carried on in 
such establishment or undertaking or unit thereof is not 
severable from and is, for the purpose of carrying on, or 
aiding  the  carrying  on  of,  such  predominant  activity  or 
activities, the entire establishment or undertaking or, as 
the  case  may  be,  unit  thereof  shall  be  deemed  to  be  an 
industrial establishment or undertaking;]  
2[(kk)   “insurance  company”  means  an  insurance  company  as  defined 
in  section  2  of  the  Insurance  Act,  1938  (4  of  1938),  having 
branches or other establishments in more than one State; 
3[(kka)   “khadi” has the meaning assigned to it in clause (d) of Section 2 
of the Khadi and Village Industries Commission Act, 1956 (61 of 
1956); 

4[(kkb)   “Labour Court” means a Labour Court constituted under Section 

7]; 

 5[(kkk)  “lay-off” 

(with 

its  grammatical  variations  and  cognate 
expressions)  means  the  failure,  refusal  or  inability  of  an 
employer on account of shortage of coal, power or raw materials 
or  the  accumulation  of  stocks  or  the  breakdown  of  machinery 
6[or  natural  calamity  or  for  any  other  connected  reason]  to  give 
employment  to  a  workman  whose  name  is  borne  on  the  muster 
rolls  of  his  industrial  establishment  and  who  has  not  been 
retrenched; 

Explanation.-  Every  workman  whose  name  is  borne  on  the 
muster  rolls  of  the  industrial  establishment  and  who  presents 
himself  for  work  at  the  establishment  at  the  time  appointed  for 

1   Subs. by Act 46 of 1982 (w.e.f. 21.8.1984) 
2   Ins. by Act No.54 of 1949. 
3   Ins. by I.D. (Amendment) Act 46 of 1982 (w.e.f. 21.8.1984) 
4   Clause (kka) ins. by Act 36 of 1956, sec. 3 (w.e.f. 10-3-1957) and re-lettered as clause 

(kkb) by Act 46 of 1982, sec. 2 (w.e.f. 21.8.1984) 

5   Ins. by Act 43 of 1953. 
6   Subs. by Act No.46 of 1982 (w.e.f. 21.8.1984) 

 
 
                            
6 

The Industrial Disputes Act, 1947 

Sec. 2 

the purpose during normal working hours on any day and is not 
given  employment  by  the  employer  within  two  hours  of  his  so 
presenting himself shall be deemed to have been laid-off for that 
day within the meaning of this clause: 

Provided  that  if  the  workman,  instead  of  being  given 
employment  at  the  commencement  of  any  shift  for  any  day  is 
asked to present himself for the purpose during the second half 
of the shift for the day and is given employment then, he shall be 
deemed to have been laid-off only for one-half of that day: 

 (l)  

2[(la)  

 (lb)  

3[(ll)  

4 [(lll)  

 (m)  
 (n)  

Provided 

further  that 

is  not  given  any  such 
if  he 
employment  even  after  so  presenting  himself,  he  shall  not  be 
deemed  to  have  been  laid-off  for  the  second  half  of  the  shift  for 
the  day  and  shall  be  entitled  to  full  basic  wages  and  dearness 
allowance for that part of the day;] 
“lock-out”  means  the  1[temporary  closing  of  a  place  of 
employment]  or  the  suspension  of  work,  or  the  refusal  by  an 
employer to continue to employ any number of persons employed 
by him; 
“major  port”  means  a  major  port  as  defined  in  clause  (8)  of 
section 3 of the Indian Ports Act, 1908 (15 of 1908); 
“mine” means a mine as defined in clause (j) of sub- section (1) of 
Section 2 of the Mines Act, 1952 (35 of 1952);] 
“National  Tribunal”  means  a  National  Industrial  Tribunal 
constituted under Section 7-B;] 

“office bearer”, in relation to a trade union, includes any member 
of the executive thereof, but does not include an auditor;] 
“prescribed” means prescribed by rules made under this Act; 
“public utility service” means- 
 (i)  

any  railway  service  5[or  any  transport  service  for  the 
carriage of passengers or goods by air;] 

 6[(ia)   any service in, or in connection with the working of, any 

 (ii)  

 (iii)  
 (iv)  

 (v)  
 (vi)  

major port or dock;] 
any  section  of  an  industrial  establishment,  on  the 
working  of  which  the  safety  of  the  establishment  or  the 
workmen employed therein depends; 
any postal, telegraph or telephone service; 
any industry which supplies power, light or water to the 
public; 
any system of public conservancy or sanitation; 
any industry specified in the 7[First Schedule] which the 
appropriate  Government  may,  if  satisfied  that  public 

1   Subs. by Act No.46 of 1982 (w.e.f. 21.8.1982). 
2   Ins. by Act 36 of 1964. 
3   Ins. by Act 36 of 1956. 
4   Ins. by Act 45 of 1971. 
5   Ins. by Act 36 of 1964, S.2 (w.e.f. 19.12.1964) 
6   Ins. by Act 36 of 1964 S.2 (w.e.f. 19.12.1971) 
7   Subs. by Act 36 of 1964 (w.e.f. 19.12.1964). 

 
 
 
 
                            
Sec. 2 

The Industrial Disputes Act, 1947 

7 

emergency  or  public  interest  so  requires,  by  notification 
in  the  Official  Gazette,  declare  to  be  a  public  utility 
service  for  the  purposes  of  this  Act,  for  such  period  as 
may be specified in the notification: 

 (o)  

2[(oo)  

Provided  that  the  period  so  specified  shall  not,  in  the  first 
instance,  exceed  six  months  but  may,  by  a  like  notification,  be 
extended  from  time  to  time,  by  any  period  not  exceeding  six 
months,  at  any  one  time,  if  in  the  opinion  of  the  appropriate 
Government,  public  emergency  or  public  interest  requires  such 
extension; 
“railway  company”  means  a  railway  company  as  defined  in 
Section 3 of the Indian Railways Act, 1890 (9 of 1890);1 
“retrenchment”  means  the  termination  by  the  employer  of  the 
service of a workman for any reason whatsoever, otherwise than 
as a punishment inflicted by way of disciplinary action, but does 
not include- 
 (a)  
 (b)  

voluntary retirement of the workman; or 
retirement  of  the  workman  on  reaching  the  age  of 
superannuation  if  the  contract  of  employment  between 
the  employer  and  the  workman  concerned  contains  a 
stipulation in that behalf; or 
termination of the service of the workman as a result of 
the  on-renewal  of  the  contract  of  employment  between 
the  employer  and  the  workman  concerned  on  its  expiry 
or of such contract being terminated under a stipulation 
in that behalf contained therein; or] 
termination of the service of a workman on the ground of 
continued ill-health;] 

3[(bb)  

(c)  

4[(p) 

 (q) 

6[(qq) 

“settlement”  means  a  settlement  arrived  at  in  the  course  of 
conciliation  proceeding  and 
includes  a  written  agreement 
between the employer and workmen arrived at otherwise than in 
the course of conciliation proceeding where such agreement has 
been  signed  by  the  parties  thereto  in  such  manner  as  may  be 
prescribed  and  a  copy  thereof  has  been  sent  to  5[an  officer 
authorised  in  this  behalf  by]  the  appropriate  Government  and 
the conciliation officer;] 
“strike”  means  a  cessation  of  work  by  a  body  of  persons 
employed  in any  industry acting  in  combination,  or  a  concerted 
refusal,  or  a  refusal  under  a  common  understanding,  of  any 
number  of  persons  who  are  or  have  been  so  employed  to 
continue to work or to accept employment; 
trade  union”  means  a  trade  union  registered  under  the  Trade 
Unions Act, 1926 (16 of 1926);] 

1   Now see the Railways Act, 1989 (24 of 1989). 
2   Ins. by Act 43 of 1953. 
3   Ins. by Act 49 of 1984 (w.e.f. 18.8.1984) 
4   Ins. by Act 36 of 1956 (w.e.f. 7.10.1956). 
5   Ins. by Act 35 of 1965. 
6   Ins. by Act 46 of 1982, s. 2 (w.e.f. 21.8.1984). 

 
 
                            
8 

The Industrial Disputes Act, 1947 

Sec. 2 

1[(r)  

2[(ra) 

 (rb) 

3[(rr) 

(ii)  

(iii)  
4[(iv) 

but does not include- 

(a)  
(b)  

5[(s) 

“Tribunal”  means  an  Industrial  Tribunal  constituted  under 
Section  7-A  and  includes  an  Industrial  Tribunal  constituted 
before the 10th day of March, 1957, under this Act;] 
 “unfair  labour  practice”  means any  of  the  practices  specified  in 
the Fifth Schedule; 
village industries” has the meaning assigned to it in clause (h) of 
Section  2  of  the  Khadi  and  Village  Industries  Commission  Act, 
1956 (61 of 1956);] 
“wages”  means  all  remuneration  capable  of  being  expressed  in 
terms  of  money,  which  would,  if  the  terms  of  employment, 
expressed or implied, were fulfilled, be payable to a workman in 
respect of his employment, or of work done in such employment, 
and includes- 
(i)  

such  allowances  (including  dearness  allowance)  as  the 
workman is for the time being entitled to; 
the  value  of  any  house  accommodation,  or  of  supply  of 
light,  water,  medical  attendance  or  other  amenity  or  of 
any  service  or  of  any  concessional  supply  of  foodgrains 
or other articles; 
any travelling concession; 
any  commission  payable  on  the  promotion  of  sales  or 
business or both;] 

any bonus; 
any contribution paid or payable by the employer to any 
pension  fund  or  provident  fund  or  for  the  benefit  of  the 
workman under any law for the time being in force; 
any gratuity payable on the termination of his service;] 

(c)  
“workman”  means  any  person 
(including  an  apprentice) 
employed  in  any  industry  to  do  any  manual,  unskilled,  skilled, 
technical,  operational,  clerical  or  supervisory  work  for  hire  or 
reward, whether the terms of employment be express or implied, 
and for the purposes of any proceeding under this Act in relation 
to an industrial dispute, includes any such person who has been 
dismissed,  discharged  or  retrenched  in  connection  with,  or  as a 
consequence  of,  that  dispute,  or  whose  dismissal,  discharge  or 
retrenchment  has  led  to  that  dispute,  but  does  not  include  any 
such person- 
(i)  

who is subject to the Air Force Act, 1950 (45 of 1950), or 
the Army Act, 1950 (46 of 1950), or the  Navy Act, 1957 
(62 of 1957); or 
who is employed in the police service or as an officer  or 
other employee of a prison, or 
is  employed  mainly 

in  a  managerial  or 

 (iii)   who 

 (ii)  

administrative capacity, or 

1   Subs. by Act 18 of 1957. 
2   Ins. by Act 46 of 1982, s. 2 (w.e.f. 21.8.1984). 
3   Ins. by Act 43 of 195, S. 2 (w.e.f. 24-10-1953). 
4   Ins. by Act 46 of 1982, s. 2 (w.e.f. 21.8.1984). 
5   Ins. by Act 46 of 1982, s. 2 for clause (s) (w.e.f. 21.8.1984). 

 
 
                            
Sec. 5 

The Industrial Disputes Act, 1947 

9 

 (iv)  

who,  being  employed  in  a  supervisory  capacity,  draws 
wages  exceeding  one  thousand  six  hundred  rupees  per 
mensem  or  exercises,  either  by  the  nature  of  the  duties 
attached  to  the  office  or  by  reason  of  the  powers  vested 
in him, functions mainly of a managerial nature.] 

1[2A.  Dismissal  etc.,  of  an  individual  workman  to  be  deemed  to  be  an 
industrial  dispute.-  Where  any  employer  discharges,  dismisses,  retrenches  or 
otherwise  terminates  the  services  of  an  individual  workman,  any  dispute  or 
difference between that workman and his employer connected with, or arising out 
of, such discharge, dismissal, retrenchment or termination shall be deemed to be 
an  industrial  dispute  notwithstanding  that  no  other  workman  nor  any  union  of 
workmen is a party to the dispute.] 

CHAPTER II 
 AUTHORITIES UNDER THIS ACT 

3.  Works  Committee:-  (1)  In  the  case  of  any  industrial  establishment  in 
which  one  hundred  or  more  workmen  are  employed  or  have  been  employed  on 
any  day  in  the  preceding  twelve  months,  the  appropriate  Government  may  by 
general  or  special  order  require  the  employer  to  constitute  in  the  prescribed 
manner  a  Works  Committee  consisting  of  representatives  of  employers  and 
workmen  engaged  in  the  establishment,  so  however  that  the  number  of 
representatives of workmen on the Committee shall not be less than the number 
of  representatives  of  the  employer.  The  representatives  of  the  workmen  shall  be 
chosen  in  the  prescribed  manner  from  among  the  workmen  engaged  in  the 
establishment and in consultation with their trade union, if any, registered under 
the Indian Trade Unions Act, 1926 (16 of 1926). 

 (2)  It  shall  be  the  duty  of  the  Works  Committee  to  promote  measures  for 
securing  and  preserving  amity  and  good  relations  between  the  employer  and 
workmen and, to that end, to comment upon matters of their common interest or 
concern and endeavour to compose any material difference of opinion in respect 
of such matters. 

4.  Conciliation  Officers:-  (1)  The  appropriate  Government  may,  by 
notification in the Official Gazette, appoint such number of persons as it thinks 
fit,  to  be  Conciliation  Officers,  charged  with  the  duty  of  mediating  in  and 
promoting the settlement of industrial disputes. 

 (2)  A  Conciliation  Officer  may  be  appointed  for  a  specified  area  or  for 
specified industries in a specified area or for one or more specified industries and 
either permanently or for a limited period. 

5. Board of Conciliation:-(1) The appropriate Government may as occasion 
arises by notification in the Official Gazette, constitute a Board of Conciliation for 
promoting the settlement of an industrial dispute. 

 (2) A Board shall consist of a Chairman and two or four other members, as 

the appropriate Government thinks fit. 

 (3)  The  Chairman  shall  be  an  independent  person  and  the  other  members 
shall  be  persons  appointed  in  equal  numbers  to  represent  the  parties  to  the 
dispute and any person appointed to represent a party shall be appointed on the 
recommendation of that party : 

Provided  that,  if  any  party  fails  to  make  a  recommendation  as  aforesaid 
within  the  prescribed  time,  the  appropriate  Government  shall  appoint  such 
persons as it thinks fit to represent that party. 

1   Ins. by Act 35 of 1965. 

 
 
 
                            
10 

The Industrial Disputes Act, 1947 

Sec. 6 

(4)  A  Board,  having  the  prescribed  quorum,  may  act  notwithstanding  the 

absence of the Chairman or any of its members or any vacancy in its number : 

Provided  that,  if  the  appropriate  Government  notifies  the  Board  that  the 
services of the Chairman or of any other member have ceased to be available, the 
Board  shall  not  act  until  a  new  chairman  or  member,  as  the  case  may  be,  has 
been appointed. 

6.  Courts  of  Enquiry:-  (1)  The  appropriate  Government  may  as  occasion 
arises  by  notification  in  the  Official  Gazette,  constitute  a  Court  of  Inquiry  for 
enquiring  into  any  matter  appearing  to  be  connected  with  or  relevant  to  an 
industrial dispute. 

 (2)  A  Court  may  consist  of  one  independent  person  or  of  such  number  of 
independent  persons  as  the  appropriate  Government  may  think  fit  and  where  a 
Court  consists  of  two  or  more  members,  one  of  them  shall  be  appointed  as  the 
Chairman. 

(3)  A  Court,  having  the  prescribed  quorum,  may  act,  notwithstanding  the 

absence of the Chairman or any of its members or any vacancy in its number: 

Provided  that,  if  the  appropriate  Government  notifies  the  Court  that  the 
services  of  the  Chairman  have  ceased  to  be  available,  the  Court  shall  not  act 
until a new Chairman has been appointed. 

1[7. Labour Courts.- (1) The appropriate Government may, by notification in 
the Official Gazette, constitute one or more Labour Courts for the adjudication of 
industrial  disputes  relating  to  any  matter  specified  in  the  Second  Schedule  and 
for performing such other functions as may be assigned to them under this Act. 

 (2) A Labour Court shall consist of one person only to be appointed by the 

appropriate Government. 

 (3) A person shall not be qualified for appointment as the presiding officer of 

a Labour Court, unless- 

2[(a)  
(b)  

(c)  
4[(d)  

5[(e)  

he is, or has been, a Judge of a High Court; or 
he has, for a period of not less than three years, been a District 
Judge or an Additional District Judge;  
3[***] 
he  has  held  any  judicial  office  in  India  for  not  less  than  seven 
years; or 
he has been the Presiding Officer of a Labour Court constituted 
under any Provincial Act or State Act for not less than five years.] 

7A. Tribunals.- (1) The appropriate Government may, by notification in the 
Official Gazette, constitute one or more Industrial Tribunals for the adjudication 
of  industrial  disputes  relating  to  any  matter,  whether  specified  in  the  Second 
Schedule or the Third Schedule 6[and for performing such other functions as may 
be assigned to them under this Act]. 

 (2)  A  Tribunal  shall  consist  of  one  person  only  to  be  appointed  by  the 

appropriate Government. 

1   Subs. by Act 36 of 1956. 
2   Ins. by Act 36 of 1964. 
3   Omitted by Act 46 of 1982, w.e.f. 21.8.1984. 
4   Re-lettered by Act 36 of 1964. 
5   Clauses (a) and (b) re-lettered as clauses (d) and (e) respectively by Act 36 of 1964, sec. 

3 (w.e.f. 19-12-1964). 

6   Ins. by Act 46 of 1982, sec. 4 (w.e.f. 21-8-1984). 

 
 
 
 
 
                            
Sec. 9 

The Industrial Disputes Act, 1947 

11 

 (3) A person shall not be qualified for appointment as the presiding officer of 

a Tribunal unless- 
 (a)  
 1[(aa)   he has, for a period of not less than three years, been a District 

he is, or has been, a Judge of High Court ; or 

Judge or an Additional District Judge; 2[***] 
3[***]  

(b)  

(4) The appropriate Government may, if it so thinks fit, appoint two persons 

as assessors to advise the Tribunal in the proceeding before it. 

7B. National Tribunals.- (1) The Central Government may, by notification in 
the Official Gazette, constitute one or more National Industrial Tribunals for the 
adjudication  of  industrial  disputes  which,  in  the  opinion  of  the  Central 
Government,  involve  questions  of  national  importance  or  are  of  such  a  nature 
that  industrial  establishments  situated  in  more  than  one  State  are  likely  to  be 
interested in, or affected by, such disputes. 

 (2) A National Tribunal shall consist of one person only to be appointed by 

the Central Government. 

 (3) A person shall not be qualified for appointment as the Presiding Officer 

of a National Tribunal 4 [unless he is, or has been, a Judge of a High Court.] 

 (4) The Central Government may, if it so thinks fit, appoint two persons as 

assessors to advise the National Tribunal in the proceeding before it. 

7C.  Disqualifications  for  the  presiding  officers  of  Labour  Courts, 
Tribunals and National Tribunals.- No person shall be appointed to, or continue 
in,  the  office  of  the  Presiding  Officer  of  a  Labour  Court,  Tribunal  or  National 
Tribunal, if- 
(a)  
(b)  

he is not an independent person; or 
he has attained the age of sixty-five years. 

5[8.  Filling  of  vacancies.-  If,  for  any  reason  a  vacancy  (other  than  a 
temporary absence) occurs in the office of the presiding officer of a Labour Court, 
Tribunal  or  National  Tribunal  or  in  the  office  of  the  Chairman  or  any  other 
member of a Board or Court, then, in the case of a National Tribunal, the Central 
Government,and  in  any  other  case,  the  Appropriate  Government,  shall  appoint 
another person in accordance with  the provisions of  this Act to fill the vacancy, 
and  the  proceeding  may  be  continued  before  the  Labour  Court,  Tribunal, 
National Tribunal, Board  or Court, as the case may be, from the stage at which 
the vacancy is filled. 

9.  Finality  of  orders  constituting  Boards,  etc.-  (1)  No  order  of  the 
Appropriate Government or of the Central Government appointing any person as 
the  Chairman  or  any  other  member  of  a  Board  or  a  Court  or  as  the  presiding 
officer  of  a  Labour  Court,  Tribunal  or  National  Tribunal  shall  be  called  in 
question  in  any  manner;  and  no  act  or  proceeding  before  any  Board  or  Court 
shall be called in question in any manner on the ground merely of the existence 
of any vacancy in, or defect in the constitution of, such Board or Court. 

1   Ins. by Act 36 of 1964, sec. 4 (w.e.f. 21-8-1984). 
2   The word “or” omitted by the Industrial Disputes (Amendment) Act 46, 1982 
3   Omitted by Act 46 of 1982, S.4 (w.e.f. 21.8.1984) 
4   Subs. by Act 46 of 1982 (w.e.f. 21.8.1984). 
5   Ss. by Act 36 of 1956, for Ss.8 and 9 (w.e.f. 10.3.1957) 

 
 
 
 
 
 
                            
12 

The Industrial Disputes Act, 1947 

Sec. 9A 

 (2) No settlement arrived at in the course of a conciliation proceeding shall 
be invalid by reason only of the fact that such settlement was arrived at after the 
expiry of the period referred to in sub-section (6) of Section 12 or sub section (5) 
of Section 13, as the case may be. 

 (3)  Where  the  report  of  any  settlement  arrived  at  in  the  course  of 
conciliation  proceeding  before  a  Board  is  signed  by  the  Chairman  and  all  the 
other members of the Board, no such settlement shall be invalid by reason only 
of  the  casual  or  unforeseen  absence  of  any  of  the  members  (including  the 
Chairman) of the Board, during any stage of the proceeding.] 

1[CHAPTER II-A 
 NOTICE OF CHANGE 

9A. Notice of change.- No employer, who purposes to effect any change in 
the  conditions  of  service  applicable  to  any  workman  in  respect  of  any  matter 
specified in the Fourth Schedule, shall effect such change,- 

(a)  

(b)  

(a)  

(b)  

without  giving  to  the  workman  likely  to  be  affected  by  such 
change  a  notice  in  the  prescribed  manner  of  the  nature  of  the 
change proposed to be effected; or 
within twenty-one days of giving such notice: 

Provided  that  no  notice  shall  be  required  for  effecting  any 

such change— 
where the change is effected in pursuance of any  2[settlement or 
award]; or 
where  the  workmen  likely  to  be  affected  by  the  change  are 
persons  to  whom  the  Fundamental  and  Supplementary  Rules, 
Civil  Services  (Classification,  Control  and  Appeal)  Rules,  Civil 
Services  (Temporary  Service)  Rules,  Revised  Leave  Rules,  Civil 
Service Regulations, Civilians in Defence Services (Classification, 
Control  and  Appeal)  Rules  or  the  Indian  Railway  Establishment 
Code  or  any  other  rules  or  regulations  that  may  be  notified  in 
this  behalf  by  the  appropriate  Government  in  the  Official 
Gazette, apply. 

9B. Power of Government to exempt.- Where the appropriate Government 
is  of  opinion  that  the  application  of  the  provisions  of  Section  9A  to  any  class  of 
industrial establishments or to any class of workmen employed in any industrial 
establishment  affect  the  employers  in  relation  thereto  so  prejudicially  that  such 
application may cause serious repercussion on the industry concerned and that 
public  interest  so  requires,  the  appropriate  Government  may,  by  notification  in 
the Official Gazette, direct that the provisions of the said section shall not apply, 
or shall apply, subject to such conditions as may be specified in the notification, 
to that class of industrial establishments or to that class of workmen employed in 
any industrial establishment. 

3[CHAPTER II-B  
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE 
SETTLEMENT AUTHORITIES 

9C.  Setting  up  of  Grievance  Settlement  Authorities  and  reference  of 
certain individual disputes to such authorities.- (1) The employer in relation to 
every  industrial  establishment  in  which  fifty  or  more  workmen  are  employed  or 

1   Ins. by Act 36 of 1956. 
2   Ins. by Act No.46 of 1982. 
3   Ins. by Act No.46 of 1982, S.7 (yet to be enforced). 

 
 
 
                            
Sec. 10 

The Industrial Disputes Act, 1947 

13 

have  been  employed  on  any  day  in  the  preceding  twelve  months,  shall  provide 
for, in accordance with the rules made in that behalf under this Act, a Grievance 
Settlement Authority for the settlement of industrial disputes connected with an 
individual workman employed in the establishment. 

(2)  Where  an  industrial  dispute  connected  with  an  individual  workman 
arises in an establishment referred to in sub-section (1), a workman or any trade 
union of workmen of which such workman is a member, refer, in such manner as 
may  be  prescribed  such  dispute  to  the  Grievance Settlement  Authority  provided 
for by the employer under that sub-section for settlement. 

 (3)  The  Grievance  Settlement  Authority  referred  to  in  sub-section  (1)  shall 
follow  such  procedure  and  complete  its  proceedings  within  such  period  as  may 
be prescribed. 

 (4) No reference shall be made under Chapter III with respect to any dispute 
referred to in this section unless such dispute has been referred to the Grievance 
Settlement  Authority  concerned  and  the  decision  of  the  Grievance  Settlement 
Authority is not acceptable to any of the parties to the dispute.] 

CHAPTER III  
 REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 
10.  Reference  of  disputes  to  Boards,  Courts  or  Tribunals.-  (1)  1[Where 
the appropriate Government is of opinion that any industrial dispute exists or is 
apprehended, it may at any time], by order in writing,- 

 (a)  

 (b)  

 2[(c) 

 (d)  

refer  the  dispute  to  a  Board  for  promoting  a  settlement  thereof; 
or 
refer  any  matter  appearing  to  be  connected  with  or  relevant  to 
the dispute, to a Court for inquiry; or 
refer  the  dispute  or  any  matter  appearing  to  be connected with, 
or relevant to, the dispute, if it relates to any matter specified in 
the Second Schedule, to a Labour Court for adjudication; or 
refer  the  dispute  or  any  matter  appearing  to  be connected with, 
or  relevant  to,  the  dispute,  whether  it  relates  to  any  matter 
specified  in  the  Second  Schedule  or  the  Third  Schedule,  to  a 
Tribunal for adjudication: 

Provided that where the dispute relates to any matter specified in the Third 
Schedule  and  is  not  likely  to  affect  more  than  one  hundred  workmen,  the 
appropriate Government may,  if it so  thinks fit, make the reference to a Labour 
Court under Clause (c);] 

3[Provided  further  that]  where  the  dispute  relates  to  a  public  utility  service 
and a notice under Section 22 has been given, the appropriate Government shall, 
unless  it  considers  that  the  notice  has  been  frivolously  or  vexatiously  given  or 
that  it  would  be  inexpedient  so  to  do,  make  reference  under  this  sub-section 
notwithstanding  that  any  other  proceedings  under  this  Act  in  respect  of  the 
dispute may have commenced: 

4[Provided  also  that  where  the  dispute  in  relation  to  which  the  Central 
Government  is  the  appropriate  Government,  it  shall  be  competent  for  the 

1   Subs. by Act 18 of 1952 
2   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 
3   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 
4   Ins. by Act 46 of 1982 (w.e.f. 21.8.1984). 

 
 
 
                            
14 

The Industrial Disputes Act, 1947 

Sec. 10 

Government to refer the dispute to a Labour Court or an Industrial Tribunal, as 
the case may be, constituted by the State Government;] 

1[(1-A)  Where  the  Central  Government  is  of  opinion  that  any  industrial 
dispute  exists  or  is  apprehended  and  the  dispute  involves  any  question  of 
national  importance  or  is  of  such  a  nature  that  industrial  establishments 
situated in more than one State are likely to be interested in, or affected by, such 
dispute and that the dispute should be adjudicated by a National Tribunal, then, 
the Central Government may, whether or not it is the appropriate Government in 
relation to that dispute, at any time, by order in writing, refer the dispute or any 
matter  appearing  to  be  connected  with,  or  relevant  to,  the  dispute,  whether  it 
relates to any matter specified in the Second Schedule or the Third Schedule, to a 
National Tribunal for adjudication.] 

 (2)  Where  the  parties  to  an  industrial  dispute  apply  in  the  prescribed 
manner, whether jointly or separately, for a reference of the dispute to a Board, 
Court,  2[Labour  Court,  Tribunal,  or  National  Tribunal],  the  appropriate 
Government, if satisfied that the persons applying represent the majority of each 
party, shall make the reference accordingly. 

3[(2-A) An order referring an industrial dispute to a Labour Court, Tribunal 
or  National  Tribunal  under  this  section  shall  specify  the  period  within  which 
such Labour Court, Tribunal or National Tribunal shall submit its award on such 
dispute to the appropriate Government: 

Provided that where such industrial dispute is connected with an individual 

workman, no such period shall exceed three months: 

Provided further that where the parties to an industrial dispute apply in the 
prescribed manner, whether jointly or separately, to the Labour Court, Tribunal 
or National Tribunal for extension of such period or for any other reason, and the 
presiding officer of such Labour Court, Tribunal or National Tribunal considers it 
necessary or expedient to extend such period, he may for reasons to be recorded 
in writing, extend such period by such further period as he may think fit: 

Provided also that in computing any period specified in this sub-section, the 
period,  if  any,  for  which  the  proceedings  before  the  Labour  Court,  Tribunal  or 
National  Tribunal  had  been  stayed  by  any  injunction  or  order  of  a  Civil  Court 
shall be excluded: 

Provided  also  that  no  proceedings  before  a  Labour  Court,  Tribunal  or 
National  Tribunal  shall  lapse  merely  on  the  ground  that  any  period  specified 
under this sub-section had expired without such proceedings being completed.] 

 (3)  Where  an  industrial  dispute  has  been  referred  to  a  Board,  4[Labour 
Court,  Tribunal  or  National  Tribunal]  under  this  section,  the  appropriate 
Government  may  by  order  prohibit  the  continuance  of  any  strike  or  lock-out  in 
connection  with  such  dispute  which  may  be  in  existence  on  the  date  of  the 
reference. 

5[(4)  Where  in  an  order  referring  an  industrial  dispute  to  6[a  Labour  Court, 
Tribunal  or  National  Tribunal]  under  this  section  or  in  a  subsequent  order,  the 
appropriate  Government  has  specified  the  points  of  dispute  for  adjudication, 

1   Ins. by Act 36 of 1936. 
2   Subs. by Act 36 of 1956. 
3   Ins. by Act 46 of 1982. 
4   Subs. by Act 36 of 1956 (w.e.f) 10.3.1957 
5   Ins. by Act 18 of 1952 
6   Subs. by Act 36 of 1956 

 
 
                            
Sec. 10 

The Industrial Disputes Act, 1947 

15 

1[the Labour Court or the Tribunal or the National Tribunal, as the case may be], 
shall confine its adjudication to those points and matters incidental thereto. 

 (5)  Where  a  dispute  concerning  any  establishment  or  establishments  has 
been,  or  is  to  be,  referred  to  a  2[Labour  Court,  Tribunal  or  National  Tribunal] 
under this section and the appropriate Government is of opinion, whether on an 
application  made  to  it  in  this  behalf  or  otherwise,  that  the  dispute  is  of  such  a 
nature  that  any  other  establishment,  group  or  class  of  establishments  of  a 
similar  nature  is  likely  to  be  interested  in,  or  affected  by,  such  dispute,  the 
appropriate Government may, at the time of making the reference or at any time 
thereafter but before the submission of the award, include in that reference such 
establishment,  group  or  class  of  establishments,  whether  or  not  at  the  time  of 
such  inclusion  any  dispute  exists  or  is  apprehended  in  that  establishment, 
group, or class of establishments].  

3[(6)  Where  any  reference  has  been  made  under  sub-section  (1-A)  to  a 
National  Tribunal,  then  notwithstanding  anything  contained  in  this  Act,  no 
Labour  Court  or  Tribunal  shall  have  jurisdiction  to  adjudicate  upon  any  matter 
which is under adjudication before the National Tribunal, and accordingly,- 

 (a)  

 (b)  

if  the  matter  under  adjudication  before  the  National  Tribunal  is 
pending  in  a  proceeding  before  a  Labour  Court  or  Tribunal,  the 
proceeding before the Labour Court or the Tribunal, as the case 
may be, in so far as it relates to such matter, shall be deemed to 
have  been  quashed  on  such  reference  to  the  National  Tribunal; 
and 
it shall not be lawful for the appropriate Government to refer the 
matter  under  adjudication  before  the  National  Tribunal  to  any 
Labour  Court  or  Tribunal  for  adjudication  during  the  pendency 
of  the  proceeding  in  relation  to  such  matter  before  the  National 
Tribunal.  
4[Explanation.-  In  this  sub-section  “Labour  Court”  or  “Tribunal” 
includes  any  Court  or  Tribunal  or  other  authority  constituted 
under  any  law  relating  to  investigation  and  settlement  of 
industrial disputes in force in any State]. 

 (7)  Where  any  industrial  dispute,  in  relation  to  which  the  Central 
Government  is  not  the  appropriate  Government,  is  referred  to  a  National 
Tribunal, then, notwithstanding anything contained in this Act, any reference in 
Section 15, Section 17, Section 19, Section 33-A, Section 33-B and Section 36-A 
to the appropriate Government in relation to such dispute shall be construed as 
a  reference  to  the  Central  Government  but,  save  as  aforesaid  and  as  otherwise 
expressly provided in this Act, any reference in any other provision of this Act to 
the Appropriate Government in relation to that dispute shall mean a reference to 
the State Government.] 

5[(8)  No  proceedings  pending  before  a  Labour  Court,  Tribunal  or  National 
Tribunal  in  relation  to  an  industrial  dispute  shall  lapse  merely by  reason  of  the 
death  of  any  of  the  parties  to  the  dispute  being  a  workman,  and  such  Labour 

1   Subs. by Act 36 of 1956 
2   Subs. by Act 36 of 1956 
3   Ins. by Act 36 of 1956 
4   Ins. by Act 36 of 1964 (w.e.f.) 19.12.1964 
5   Ins. by Act 46 of 1982 (w.e.f. 21.8.1984). 

 
 
                            
16 

The Industrial Disputes Act, 1947 

Sec. 10A 

Court,  Tribunal  or  National  Tribunal  shall  complete  such  proceedings  and 
submit its award to the appropriate Government]. 

1[10A.  Voluntary  reference  of  disputes  to  arbitration:-  (1)  Where  any 
industrial  dispute  exists  or  is  apprehended  and  the  employer  and  the  workmen 
agree to refer the dispute to arbitration, they may, at any time before the dispute 
has  been  referred  under  Section  10  to  a  Labour  Court  or  Tribunal  or  National 
Tribunal,  by  a  written  agreement,  refer  the  dispute  to  arbitration  and  the 
reference shall be to such person or persons (including the presiding officer of a 
Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as 
may be specified in the arbitration agreement. 

2[(1A) Where an arbitration agreement provides for a reference of the dispute 
to  an  even  number  of  arbitrators,  the  agreement  shall  provide  for  the 
appointment of another person as umpire who shall enter upon the reference, if 
the arbitrators are equally divided in their opinion, and the award of the umpire 
shall prevail and shall be deemed to be the arbitration award for the purposes of 
this Act.] 

 (2) An arbitration agreement referred to in sub-section (1) shall be in such 
form  and  shall  be  signed  by  the  parties  thereto  in  such  manner  as  may  be 
prescribed. 

 (3)  A  copy  of  the  arbitration  agreement  shall  be  forwarded  to  the 
appropriate  Government  and  the  Conciliation  Officer  and  the  appropriate 
Government shall, within 3[one month] from the date of the receipt of such copy, 
publish the same in the Official Gazette. 

4[(3A)  Where  an  industrial  dispute  has  been  referred  to  arbitration  and  the 
appropriate  Government  is  satisfied  that  the  persons  making  the  reference 
represent  the  majority  of  each  party,  the  appropriate  Government  may,  within 
the  time  referred  to  in  sub-section  (3),  issue  a  notification  in  such  a manner  as 
may be prescribed; and when any such notification is issued, the employers and 
workmen who are not parties to the arbitration agreement but are concerned in 
the  dispute,  shall  be  given  an  opportunity  of  presenting  their  case  before  the 
arbitrator or arbitrators.]  

 (4) The arbitrator or arbitrators shall investigate the dispute and submit to 
the appropriate Government the arbitration award signed by the arbitrator or all 
the arbitrators, as the case may be. 

5[(4-A)  Where  an  industrial  dispute  has  been  referred  to  arbitration  and  a 
notification  has  been 
the  appropriate 
issued  under  sub-section 
Government may, by order, prohibit the continuance of any strike or lock out in 
connection  with  such  dispute  which  may  be  in  existence  on  the  date  of 
reference.] 

(3-A), 

 (5)  Nothing  in  the  Arbitration  Act,  1940  (10  of  1940)6,  shall  apply  to 

arbitrations under this section.] 

1   Ins. by Act 36 of 1956 (w.e.f. 10.3.1957). 
2   Ins. by Act 36 of 1964, sec. 6 (w.e.f. 19-12-1964). 
3   Subs. by Act 36 of 1964 
4   Subs. by Act 36 of 1964 (w.e.f. 19.12.1964). 
5   Added by I.D. Amendment Act 36 of 1964. 
6   Now see the Arbitration and Conciliation Act, 1996 (21 of 1996). 

 
 
                            
Sec. 11 

The Industrial Disputes Act, 1947 

17 

 CHAPTER IV 
 PROCEDURE, POWERS AND DUTIES OF AUTHORITIES 

 11.  Procedure  and  power  of  conciliation  officers,  Boards,  Courts  and 
Tribunals:-  1[(1)  Subject  to  any  rules  that  may  be  made  in  this  behalf,  an 
arbitrator,  a  Board,  Court,  Labour  Court,  Tribunal  or  National  Tribunal  shall 
follow  such  procedure  as  the  arbitrator  or  other  authority  concerned  may  think 
fit]. 

 (2) A conciliation officer or a member of a Board, 2[or Court or the presiding 
officer of a Labour Court, Tribunal or National Tribunal] may, for the purpose of 
inquiry  into  any  existing  or  apprehended  industrial  dispute,  after  giving 
reasonable  notice,  enter  the  premises  occupied  by  any  establishment  to  which 
the dispute relates. 

 (3)  Every  Board,  Court,  3[Labour  Court,  Tribunal  and  National  Tribunal] 
shall have the same powers as are vested in a Civil Court under the Code of Civil 
Procedure,  1908  (5  of  1908),  when  trying  a  suit,  in  respect  of  the  following 
matters, namely- 

(a)  

(b)  
(c)  
(d)  

Enforcing  the  attendance  of  any  person  and  examining  him  on 
oath; 
Compelling the production of documents and material objects; 
Issuing commissions for the examination of witnesses; 
In respect of such other matters as may be prescribed;  

and every inquiry or investigation by a Board, Court, 4[Labour Court, Tribunal or 
or  National  Tribunal]  shall  be  deemed  to  be  a  judicial  proceeding,  within  the 
meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860). 

 (4) A Conciliation Officer 5[may enforce the attendance of any person for the 
the purpose of examination of such person or call for] and inspect any document 
which he has ground for considering to be relevant to the industrial dispute  6[or 
to be necessary for the purpose of verifying the implementation of any award or 
carrying out any other duty imposed on him under this Act, and for the aforesaid 
purposes,  the  conciliation  officer  shall  have  the  same  powers  as  are  vested  in  a 
Civil  Court  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  7[in  respect  of 
enforcing the attendance of any person and examining him or of compelling the 
production of documents].] 

8[(5)  A  Court,  Labour  Court,  Tribunal  or  National  Tribunal  may,  if  it  so 
thinks  fit,  appoint  one  or  more  persons  having  special  knowledge  of  the  matter 
under consideration as assessor or assessors to advise it in the proceeding before 
it. 

[(6) All conciliation officers, members of a Board or Court and the presiding 
officers  of  a  Labour  Court,  Tribunal  or  National  Tribunal  shall  be  deemed  to  be 
public servants within the meaning of Section 21 of the Indian Penal Code (45 of 
1860).  

1   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 
2   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 
3   Subs. by Act 36 of 1956 (w.e.f.) 10.3.1957 
4   Subs. by Act 36 of 1956 (w.e.f.) 10.3.1957 
5   Subs. by Act 46 of 1982 (w.e.f. 21.8.1984 
6   Ins. by Act 36 of 1956 (w.e.f.) 10.3.1957 
7   Subs.  by  Act  46  of  1982,  sec.  9,  for  “in  respect  of  compelling  the  production  of 

documents” (w.e.f. 21-8-1984). 

8   Subs. by Act 36 of 1956 (w.e.f.) 10.3.1957 

 
 
                            
18 

The Industrial Disputes Act, 1947 

Sec. 11A 

[(7) Subject to any rules made under this Act, the costs of, and incidental to, 
any proceeding before a Labour Court, Tribunal or National Tribunal shall be in 
the  discretion  of  that  Labour  Court,  Tribunal  or  National  Tribunal  and  the 
Labour Court, Tribunal or National Tribunal, as the case may be, shall have full 
power  to  determine  by  and  to  whom  and  to  what  extent  and  subject  to  what 
conditions, if any, such costs are to be paid, and to give all necessary directions 
for  the  purposes  aforesaid  and  such  costs  may,  on  application  made  to  the 
appropriate Government by the person entitled, be recovered by that Government 
in the same manner as an arrear of land revenue]. 

1[(8) Every 2[Labour Court, Tribunal or National Tribunal] shall be deemed to 
to be a Civil Court for the purposes of 3[Sections 345, 346 and 348 of the Code of 
of Criminal Procedure, 1973 (2 of 1974)]]. 

4[11A.  Powers  of  Labour  Courts,  Tribunals  and  National  Tribunals  to 
give appropriate relief in case of discharge or dismissal of workmen.- Where 
an  Industrial  dispute  relating  to  the  discharge  or  dismissal  of  a  workman  has 
been  referred  to  a  Labour  Court,  Tribunal  or  National  Tribunal  for  adjudication 
and, in the course of the adjudication proceedings, the Labour Court, Tribunal or 
National Tribunal, as the case may be, is satisfied that the order of discharge or 
dismissal was not justified, it may, by its award, set aside the order of discharge 
or  dismissal  and  direct  reinstatement  of  the  workman  on  such  terms  and 
conditions,  if  any,  as  it  thinks  fit,  or  give  such  other  relief  to  the  workman 
including the award of any lesser punishment in lieu of discharge or dismissal as 
the circumstances of the case may require: 

Provided  that  in  any  proceeding  under  this  section  the  Labour  Court, 
Tribunal  or  National  Tribunal,  as  the  case  may  be,  shall  rely  only  on  the 
materials  on  record  and  shall  not  take  any  fresh  evidence  in  relation  to  the 
matter]. 

12. Duties of conciliation officers:- (1) Where any industrial dispute exists 
or is apprehended, the conciliation officer may, or where the dispute relates to a 
public  utility  service  and  a  notice  under  Section  22  has  been  given,  shall,  hold 
conciliation proceedings in the prescribed manner. 

 (2)  The  Conciliation  Officer  shall,  for  the  purpose  of  bringing  about  a 
settlement  of  the  dispute,  without  delay,  investigate  the  dispute and  all  matters 
affecting the merits and the right settlement thereof and may do all such things 
as  he  thinks  fit  for  the  purpose  of  inducing  the  parties  to  come  to  a  fair  and 
amicable settlement of the dispute. 

 (3)  If  a  settlement  of  the  dispute  or  of  any  of  the  matters  in  dispute  is 
arrived  at  in  the  course  of  the  conciliation  proceedings  the  conciliation  officer 
shall  send  a  report  thereof  to  the  appropriate  Government  5[or  an  officer 
authorised  in  this  behalf  by  the  appropriate  Government]  together  with  a 
memorandum of the settlement signed by the parties to the dispute. 

 (4) If no such settlement is arrived at, the conciliation officer shall, as soon 
as  practicable  after  the  close  of  the  investigation,  send  to  the  appropriate 
Government a full report setting forth the steps taken by him for ascertaining the 
facts and circumstances relating to the dispute and for bringing about settlement 

1   Ins. by Act 48 of 1950 
2   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957 
3   Subs. by Act 46 of 1982 (w.e.f. 21.8.1984) 
4   Ins. by Act 45 of 1971 
5   Ins. by Act 35 of 1965 (w.e.f.) 1.12.1965 

 
 
 
                            
Sec. 13 

The Industrial Disputes Act, 1947 

19 

thereof, together with a full statement of such facts and circumstances, and the 
reasons on account of which, in his opinion, a settlement could not be arrived at. 
 (5)  If,  on  a  consideration  of  the  report  referred  to  in  sub-section  (4),  the 
appropriate Government is satisfied that there is a case for reference to a Board, 
1[Labour  Court,  Tribunal  or  National  Tribunal],it  may  make  such  reference. 
Where  the  appropriate  Government  does  not  make  such  a  reference  it  shall 
record and communicate to the parties concerned its reasons therefor. 

 (6)  A  report  under  this  section  shall  be  submitted  within  fourteen  days  of 
the commencement of the conciliation proceedings or within such shorter period 
as may be fixed by the appropriate Government: 

2[Provided that, 3[subject to the approval of the conciliation officer] the time 
for  the  submission  of  the  report  may  be  extended  by  such  period  as  may  be 
agreed upon in writing by all the parties to the dispute]. 

13.  Duties  of  Board:-  (1)  Where  a  dispute  has  been  referred  to  a  Board 
under  this  Act,  it  shall  be  the  duty  of  the  Board  to  endeavour  to  bring  about  a 
settlement of the same and for this purpose the Board shall, in such manner as 
it  thinks  fit  and  without  delay,  investigate  the  dispute  and  all  matters  affecting 
the  merits  and  the  right  settlement  thereof  and  may  do  all  such  things  as  it 
thinks fit for the purpose of inducing the parties to come to a fair and amicable 
settlement of the dispute. 

(2) If a settlement of the dispute or of any of the matters in dispute is arrived 
at  in  the  course  of  the  conciliation  proceedings,  the  Board  shall  send  a  report 
thereof  to  the  appropriate  Government  together  with  a  memorandum  of  the 
settlement signed by the parties to the dispute. 

 (3)  If  no  such  settlement  is  arrived  at,  the  Board  shall,  as  soon  as 
practicable  after  the  close  of  the  investigation,  send  to  the  appropriate 
Government  a  full  report  setting  forth  the  proceedings  and  steps  taken  by  the 
Board for ascertaining the facts and circumstances relating to the dispute and for 
bringing about a settlement thereof, together with a full statement of such facts 
and  circumstances,  its  finding  thereon,  the  reasons  on  account  of  which,  in  its 
opinion,  a  settlement  could  not  be  arrived  at  and  its  recommendations  for  the 
determination of the dispute. 

 (4) If, on the receipt of a report under sub-section (3) in respect of a dispute 
relating  to  public  utility  service,  the  appropriate  Government  does  not  make  a 
reference to a 4[Labour Court, Tribunal or National Tribunal] under Section 10, it 
shall record and communicate to the parties concerned its reasons therefor. 

 (5) The Board shall submit its report under this section within two months 
of  the  date  5[on  which  the  dispute  was  referred  to  it]  or  within  such  shorter 
period as may be fixed by the appropriate Government:  

Provided that the appropriate Government may from time to time extend the 
time for the submission of the report by such further periods not exceeding two 
months in the aggregate: 

Provided  further  that  the  time  for  the  submission  of  the  report  may  be 
extended by such period as may be agreed on in writing by all the parties to the 
dispute.  

1   Subs. by Act 36 of 1956 (w.e.f.) 10.3.1957 
2   Ins. by Act 36 of 1956 (w.e.f.) 10.3.1957 
3   Ins. by Act 36 of 1964 (w.e.f. 19.12.1964 
4   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
5   Subs. by Act 40 of 1951 

 
 
 
                            
20 

The Industrial Disputes Act, 1947 

Sec. 14 

14. Duties of Courts:- A Court shall inquire into  the matters referred to it 
and  report  thereon  to  the  appropriate  Government  ordinarily  within  a  period  of 
six months from the commencement of its inquiry. 

1[15. Duties of Labour Courts, Tribunals and National Tribunals:- Where 
an industrial dispute has been referred to a Labour Court,  Tribunal or  National 
Tribunal  for  adjudication,  it  shall  hold  its  proceedings  expeditiously  and  shall, 
2[within the period specified in the order referring such industrial dispute or the 
further period extended under the second proviso to sub-section (2-A) of Section 
10], submit its award to the appropriate Government.] 

16. Form of Report or Award:- (1) The report of a Board or Court shall be 
in writing and shall be signed by all the members of the Board or Court, as the 
case may be: 

Provided  that  nothing  in  this  section  shall  be  deemed  to  prevent  any 
member of the Board or Court from recording any minute of dissent from a report 
or from any recommendation made therein. 

 (2) The award of a Labour Court or Tribunal or National Tribunal shall be in 

writing and shall be signed by its presiding officer.] 

17.  Publication  of  reports  and  awards:-  (1)  Every  report  of  a  Board  or 
Court  together  with  any  minute  of  dissent  recorded  therewith,  every  arbitration 
award and every award of the Labour Court, Tribunal or National Tribunal shall, 
within  a  period  of  thirty  days  from  the  date  of  its  receipt  by  the  appropriate 
Government,  be  published  in  such  manner  as  the  appropriate  Government 
thinks fit. 

 (2)  Subject  to  the  provisions  of  Section  17-A,  the  award  published  under 
sub-section (1) shall be final and shall not be called in question by any Court in 
any manner whatsoever. 

17A. Commencement of the award:- (1) An award (including an arbitration 
award) shall become enforceable on the expiry of thirty days from the date of its 
publication under Section 17: 

Provided that- 

 (a)  

 (b)  

if  the  appropriate  Government  is  of  opinion,  in  any  case  where 
the  award  has  been  given  by  a  Labour  Court  or  Tribunal  in 
relation to an industrial dispute to which it is a party; or 
if  the  Central  Government  is  of  opinion,  in  any  case  where  the 
award has been given by a National Tribunal, 

that it will be inexpedient on public grounds affecting national economy or social 
justice  to  give  effect  to  the  whole  or  any  part  of  the  award,  the  appropriate 
Government, or as the case may be, the Central Government may, by notification 
in  the  Official  Gazette,  declare  that  the  award  shall  not  become  enforceable  on 
the expiry of the said period of thirty days. 

(2) Where any declaration has been made in relation to an award under the 
proviso  to  sub-section 
(1),  the  appropriate  Government  or  the  Central 
Government  may,  within  ninety  days  from  the  date  of  publication  of  the  award 
under Section 17, make an order rejecting or modifying the award, and shall, on 
the  first  available  opportunity,  lay  the  award  together  with  a  copy  of  the  order 
before  the  Legislature  of  the  State,  if  the  order  has  been  made  by  a  State 

1   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
2   Subs. by Act 46 of 1982 (w.e.f. 21.8.1984) 

 
 
 
 
 
                            
Sec. 18 

The Industrial Disputes Act, 1947 

21 

Government,  or  before  Parliament,  if  the  order  has  been  made  by  the  Central 
Government. 

(3)  Where  any  award  as  rejected  or  modified  by  an  order  made  under  sub-
section  (2)  is  laid  before  the  Legislature  of  a  State  or  before  Parliament,  such 
award  shall  become  enforceable  on  the  expiry  of  fifteen  days  from  the  date  on 
which  it  is  so  laid;  and  where  no  order  under  sub-section  (2)  is  made  in 
pursuance of a declaration under the proviso to sub-section (1), the award shall 
become enforceable on the expiry of the period of ninety days referred to in sub-
section (2). 

(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding 
the  enforceability  of  an  award,  the  award  shall  come  into  operation  with  effect 
from such date as may be specified therein, but where no date is so specified, it 
shall come into operation on the date when the award becomes enforceable under 
sub-section (1) or sub-section (3), as the case may be.] 

1[17B. Payment of full wages to workman pending proceedings in higher 
Courts.- Where in any case, a Labour Court, Tribunal or National Tribunal by its 
award  directs  reinstatement  of  any  workman  and  the  employer  prefers  any 
proceedings  against  such  award  in  a  High  Court  or  the  Supreme  Court,  the 
employer shall be liable to pay such workman, during the period of pendency of 
such proceedings in the High Court or the Supreme Court, full wages last drawn 
by  him,  inclusive  of  any  maintenance  allowance  admissible  to  him  under  any 
rule  if  the  workman  had  not  been  employed  in  any  establishment  during  such 
period  and  an  affidavit  by  such  workman  had  been  filed  to  that  effect  in  such 
Court: 

Provided that where it is proved to the satisfaction of the High Court or the 
Supreme  Court  that  such workman had  been  employed  and  had been  receiving 
adequate  remuneration  during  any  such  period  or  part  thereof,  the  Court  shall 
order that no wages shall be payable under this section for such period or part, 
as the case may be. 

18.  Persons  on  whom  settlements  and  awards  are  binding.-  2[(1)  A 
settlement  arrived  at  by  agreement  between  the  employer  and  workman 
otherwise  than  in  the  course  of  conciliation  proceeding  shall  be  binding  on  the 
parties to the agreement. 

 (2)  3[Subject  to  the  provisions  of  sub-section  (3),  an  arbitration  award] 
which  has  become  enforceable  shall  be  binding  on  the  parties  to  the  agreement 
who referred the dispute to arbitration.] 

4[(3) A settlement arrived at in the course of conciliation proceedings under 
this Act  5[or an arbitration award in a case where a notification has been issued 
under  sub-section  (3A)  of  Section  10A]  or  6[an  award  7[of  a  Labour  Court, 
Tribunal  or  National  Tribunal]  which  has  become  enforceable]  shall  be  binding 
on- 

(a)  
(b)  

all parties to the industrial dispute;  
all other parties summoned to appear in the proceedings  

1   Ins. by Act 46 of 1982 S.11 (w.e.f. 21.8.1984) 
2   Ins. by Act 36 of 1956, S.13 (w.e.f.7.10.1956) 
3   Subs. by Act 36 of 1964 
4   Renumbered by Act 36 of 1956 
5   Ins. by Act 36 of 1964 
6   Sub. by Act 48 of 1950 
7   Ins. by Act 36 of 1956 

 
 
 
                            
22 

The Industrial Disputes Act, 1947 

Sec. 19 

as  parties  to  the  dispute,  unless  the  Board,  1[arbitrator,]  2[Labour  Court, 
Tribunal or National Tribunal], as the case may be, records the opinion that they 
were so summoned without proper cause; 

(c)  

(d)  

where  a  party  referred  to  in  clause  (a)  or  clause  (b)  is  an 
employer,  his  heirs,  successors  or  assigns  in  respect  of  the 
establishment to which the dispute relates; 
where a party referred to in clause (a) or clause (b)  is composed 
of workmen, all persons who were employed in the establishment 
or  part  of  the  establishment,  as  the  case  may  be,  to  which  the 
dispute  relates  on  the  date  of  the  dispute  and  all  persons  who 
subsequently become employed in that establishment or part. 

19. Period of operation of settlements and awards.- (1) A settlement 3[***] 
3[***] shall come into operation on such date as is agreed upon by the parties to 
the  dispute,  and  if  no  date  is  agreed  upon,  on  the  date  on  which  the 
memorandum of the settlement is signed by the parties to the dispute. 

 (2)  Such  settlement  shall  be  binding  for  such  period  as  is  agreed  upon  by 
the  parties,  and  if  no  such  period  is  agreed  upon,  for  a  period  of  six  months 
4[from the date on which the memorandum of settlement is signed by the parties 
to the dispute], and shall continue to be binding on the parties after the expiry of 
the  period  aforesaid,  until  the  expiry  of  two  months  from  the  date  on  which  a 
notice in writing of an intention to terminate the settlement is given by one of the 
parties to the other party or parties to the settlement. 

5[(3)  An  award  shall,  subject  to  the  provisions  of  this  section,  remain  in 
operation  for  a  period  of  one  year  6[from  the  date  on  which  the  award  becomes 
enforceable under Section 17A]: 

 Provided that the appropriate Government may reduce the said period and 

fix such period as it thinks fit: 

Provided further that the appropriate Government may, before the expiry of 
the  said  period,  extend  the  period  of  operation  by  any  period  not  exceeding  one 
year  at  a  time  as  it  thinks  fit,  so,  however,  that  the  total  period  of  operation  of 
any  award  does  not  exceed  three  years  from  the  date  on  which  it  came  into 
operation. 

(4) Where the appropriate Government, whether of its own motion or on the 
application of any party bound by the award, considers that since the award was 
made,  there  has  been  a  material  change  in  the  circumstances  on  which  it  was 
based,  the  appropriate  Government  may  refer  the  award  or  a  part  of  it  7[to  a 
Labour  Court,  if  the  award  was  that  of  a  Labour  Court  or  to  a  Tribunal,  if  the 
award was that of a Tribunal or of a National Tribunal] for decision whether the 
period of operation should not, by reason of such change, be shortened and the 
decision  of  8[Labour  Court  or  the  Tribunal,  as  the  case  may  be],  on  such 
reference shall 9[***] be final. 

1   Ins. by Act 36 of 1964 
2   Subs. by Act 36 of 1956 
3   Omitted by Act 36 of 1956, S.14 (w.e.f. 7.10.1956 
4   Ins. by Act 36 of 1956, S.14 (w.e.f. 7.10.1956 
5   Subs. by Act 48 of 1950 
6   Inserted by Act 36 of 1956 
7   Subs. by Act 36 of 1956, S.14 (w.e.f. 7.10.1956 
8   Substituted by Act 36 of 1956 
9   Omitted by Act 36 of 1956 

 
 
 
                            
Sec. 21 

The Industrial Disputes Act, 1947 

23 

 (5) Nothing contained in sub-section (3) shall apply to any award which by 
its nature, terms or other circumstances does not impose, after it has been given 
effect to, any continuing obligation on the parties bound by the award. 

 (6) Notwithstanding the expiry of the period of operation under sub-section 
(3),  the  award  shall  continue  to  be  binding  on  the  parties  until  a  period  of  two 
months has elapsed from the date on which notice is given by any party  bound 
by  the  award  to  the  other  party  or  parties  intimating  its  intention  to  terminate 
the award. 

1[(7)  No  notice  given  under  sub-section  (2)  or  sub-section  (6)  shall  have 
effect, unless it is given by a party representing the majority of persons bound by 
the settlement or award, as the case may be.]  

20.  Commencement  and  conclusion  of  proceedings.-  (1)  A  conciliation 
proceeding shall be deemed to have commenced on the date on which a notice of 
strike or lock-out under Section 22 is received by the conciliation officer or on the 
date of the order referring the dispute to a Board, as the case may be. 
 (2) A conciliation proceeding shall be deemed to have concluded- 

(a)  

(b)  

(c)  

where  a  settlement  is  arrived  at,  when  a  memorandum  of  the 
settlement is signed by the parties to the dispute; 
where  no  settlement  is  arrived  at,  when  the  report  of  the 
conciliation officer is received by the appropriate Government or 
when  the  report  of  the  Board  is  published  under Section  17,  as 
the case may be; or 
when a reference is made to a Court, 2[Labour Court, Tribunal or 
or  National  Tribunal]  under  Section  10  during  the  pendency  of 
conciliation proceedings. 

 (3) Proceedings 3[before an arbitrator under Section 10-A or before a Labour 
Labour  Court,  Tribunal  or  National  Tribunal]  shall  be  deemed  to  have 
commenced  on  the  date  of  the  4[reference  of  the  dispute  for  arbitration  or 
adjudication, as the case may be,] and such proceedings shall be deemed to have 
concluded 5[on the date on which the award becomes enforceable under Section 
17-A.] 

21. Certain matters to be kept confidential.- There shall not be included 
in any report or award under this Act any information obtained by a conciliation 
officer,  Board,  Court,  6[Labour  Court,  Tribunal,  National  Tribunal  or  an 
arbitrator], in the course of any investigation or inquiry as to a trade union or as 
to  any  individual  business  (whether  carried  on  by  a  person,  firm  or  company) 
which  is  not  available  otherwise  than  through  the  evidence  given  before  such 
officer,  Board,  Court,  7[Labour  Court,  Tribunal,  National  Tribunal  or  an 
arbitrator],  if  the  trade  union,  person,  firm  or  company  in question  has made  a 
request  in  writing  to  the  conciliation  officer,  Board,  Court  8[Labour  Court, 
Tribunal,  National  Tribunal,  or  arbitrator]  as  the  case  may  be,  that  such 

1   Inserted by Act 36 of 1964 
2   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
3   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
4   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
5   Subs. by Act 18 of 1952 
6   Substituted  for  words  “or  Tribunal”  by  the  Industries  Disputes  (Amendment  and 

Miscellaneous Provisions) Act 36 of 1956 w.e.f. 10-3-1957. 

7   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
8   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 

 
 
 
                            
24 

The Industrial Disputes Act, 1947 

Sec. 22 

information shall be treated as confidential; nor shall such conciliation officer or 
any  individual  member  of  the  Board,  1[or  Court  or  the  presiding  officer  of  the 
Labour  Court,  Tribunal  or  National  Tribunal  or  the  arbitrator]  or  any  person 
present at or concerned in the proceedings disclose any such information without 
the  consent  in  writing  of  the  secretary  of  the  trade  union  or  the  person,  firm  or 
company in question, as the case may be: 

 Provided  that nothing  contained  in  this  section  shall  apply  to  a disclosure 
of any such information for the purposes of a prosecution under Section 193 of 
the Indian Penal Code (45 of 1860). 

 CHAPTER-V 
STRIKES AND LOCK-OUTS 

 22.  Prohibition  of  strikes  and  lock-outs.-  (1)  No  person  employed  in  a 

public utility service shall go on strike in breach of contract- 

(a)  

(b)  
(c)  

(d)  

without  giving  to  the  employer  notice  of  strike,  as  hereinafter 
provided, within six weeks before striking; or 
within fourteen days of giving such notice; or 
before the expiry of the date of strike specified in any such notice 
as aforesaid; or 
during  the  pendency  of  any  conciliation  proceedings  before  a 
conciliation  officer  and  seven  days  after  the  conclusion  of  such 
proceedings. 

 (2) No employer carrying on any public utility service shall lock-out any of 

his workmen- 

(a)  

(b)  
(c)  

(d)  

without  giving  them  notice  of  lock-out  as  hereinafter  provided, 
within six weeks before locking-out; or 
within fourteen days of giving such notice; or 
before  the  expiry  of  the  date  of  lock-out  specified  in  any  such 
notice as aforesaid; or 
during  the  pendency  of  any  conciliation  proceedings  before  a 
conciliation  officer  and  seven  days  after  the  conclusion  of  such 
proceedings. 

 (3) The notice of lock-out or strike under this section shall not be necessary 
where there is already in existence a strike or, as the case may be, lock-out in the 
public utility service, but the employer shall send intimation of such lock-out or 
strike on the day on which it  is declared, to such authority as may be specified 
by  the  appropriate  Government  either  generally  or  for  a  particular  area  or  for  a 
particular class of public utility services. 

(4) The notice of strike referred to in sub-section (1) shall be given by such 
number  of  persons  to  such  person  or  persons  and  in  such  manner  as  may  be 
prescribed. 

(5) The notice of lock-out referred to in sub-section (2) shall be given in such 

manner as may be prescribed. 

(6) If on any day an employer receives from any person employed by him any 
such  notices  as  are  referred  to  in  sub-section  (1)  or  gives  to  any  persons 
employed by him any such notices as are referred to in sub-section (2), he shall 
within  five  days  thereof  report  to  the  appropriate  Government  or  to  such 
authority  as  that  Government  may  prescribe,  the  number  of  such  notices 
received or given on that day. 

1   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 

 
 
 
                            
Sec. 25A 

The Industrial Disputes Act, 1947 

25 

23.  General  prohibition  of  strikes  and  lock-outs.-  No  workman  who  is 
employed in any industrial establishment shall go on strike in breach of contract 
and no employer of any such workman shall declare a lock-out- 

 (a)  

 (b)  

during  the  pendency  of  conciliation  proceedings  before  a  Board 
and seven days after the conclusion of such proceedings; 
during  the  pendency  of  proceedings  before  1[a  Labour  Court, 
Tribunal  or  National  Tribunal]  and  two  months  after  the 
conclusion of such proceedings; 2[***] 

 3[(bb)  during  the  pendency  of  arbitration  proceedings  before  an 
arbitrator  and  two  months  after  the  conclusion  of  such 
proceedings,  where  a  notification  has  been  issued  under  sub-
section (3-A) of Section 10-A; or] 
during any period in which a settlement or award is in operation 
in  respect  of  any  of  the  matters  covered  by  the  settlement  or 
award. 

 (c)  

24. Illegal strikes and lock-outs.- (1) A strike or a lock-out shall be illegal 

if- 

(i)  

(ii)  

it  is  commenced  or  declared  in  contravention  of  Section  22  or 
Section 23; or 
it  is  continued  in  contravention  of  an  order  made  under  sub-
section (3) of Section 10 4[or sub-section (4-A) of Section 10-A] 

 (2)  Where  a  strike  or  lock-out  in  pursuance  of  an  industrial  dispute  has 
already commenced and is in existence at the time of the reference of the dispute 
to a Board, 5[an arbitrator,] 6[a Labour Court, Tribunal or National Tribunal], the 
continuance of such strike or lock-out shall not be deemed to be illegal, provided 
that such strike or lock-out was not at its commencement in contravention of the 
provisions of  this Act or the continuance thereof was  not prohibited under sub-
section (3) of Sec.10 7[or sub- section 4(A) of Section 10-A]. 

 (3)  A  lock-out  declared  in  consequence  of  an  illegal  strike  or  a  strike 

declared in consequence of an illegal lock-out shall not be deemed to be illegal. 

25.  Prohibition  of  financial  aid  to  illegal  strikes  and  lock-outs.-  No 
person  shall  knowingly  expend  or  apply  any  money  in  direct  furtherance  or 
support of any illegal strike or lock-out. 

8[CHAPTER V-A 
 LAY-OFF AND RETRENCHMENT 

25A.  Application  of  Sections  25-C  to  25-E.-  (1)  Sections  25-C  to  25-E 
inclusive  9[shall  not  apply  to  industrial  establishments  to  which  Chapter  V-B 
applies,] or 
(a)  

to industrial establishments in which less than fifty workmen on 
an average per working day have been employed in the preceding 
calendar month; or 

1   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 
2   Omitted by Act 36 of 1964 (w.e.f. 19.12.1964) 
3   Inserted by Act 36 of 1964 (w.e.f. 19-12-1964). 
4   Ins. by Act 36 of 1964 (w.e.f. 19.12.1964) 
5   Ins. by Act 36 of 1964 
6   Subs. by Act 36 of 1956 
7   Ins. by Act 36 of 1964 
8   Ins. by Act 43 of 1953 
9   Subs. by Act 32 of 1976 

 
 
 
                            
26 

The Industrial Disputes Act, 1947 

Sec. 25B 

(b)  

to industrial establishments which are of a seasonal character or 
in which work is performed only intermittently. 

 (2) If a question arises whether an industrial establishment is of a seasonal 
character or whether work is performed therein only intermittently, the decision 
of the appropriate Government thereon shall be final 

1[Explanation.-  In  this  section  and  in  Sections  25-C,  25-D  and  25-E, 

“industrial establishment” means- 

(i)  

(ii)  

(iii)  

a  factory  as  defined  in  clause  (m)  of  Section  2  of  the  Factories 
Act, 1948 (63 of 1948); or 
a mine as defined in clause (f) of Section 2 of the Mines Act, 1952 
(35 of 1952); or 
a  plantation  as  defined  in  clause  (f)  of  Section  2  of  the 
Plantations Labour Act, 1951 (69 of 1951).] 

2[25B.  Definition  of  continuous  service.-  For  the  purposes  of  this 

Chapter,--  

(1) a workman shall be said to be in continuous service for a period if he is, 
for  that  period,  in  uninterrupted  service,  including  service  which  may  be 
interrupted on account of sickness or authorised leave or an accident or a strike 
which is not illegal, or a lock-out or a cessation of work which is not due to any 
fault on the part of the workman;  

 (2)  where  a  workman  is  not  in  continuous  service  within  the  meaning  of 
clause  (1)  for  a  period  of  one  year  or  six  months,  he  shall  be  deemed  to  be  in 
continuous service under an employer- 

(a)  

(b)  

for a period of one year, if the workman, during a period of twelve 
calendar  months  preceding  the  date  with  reference  to  which 
calculation  is  to  be  made,  has  actually  worked  under  the 
employer for not less than- 
(i)  

one hundred and ninety days in the case of a workman 
employed below ground in a mine; and 
two hundred and forty days, in any other case; 

(ii)  
for a period of six months, if the workman, during a period of six 
calendar  months  preceding  the  date  with  reference  to  which 
calculation  is  to  be  made,  has  actually  worked  under  the 
employer for not less than- 
(i)  

ninety-five  days,  in  the  case  of  a  workman  employed 
below ground in a mine; and 
one hundred and twenty days, in any other case. 

(ii)  

 Explanation.- For the purpose of clause (2), the number of days on which a 
workman  has  actually  worked  under  an  employer  shall  include  the  days  on 
which- 

(i)  

(ii)  

(iii)  

he  has  been  laid-off  under  an  agreement  or  as  permitted  by 
Industrial  Employment 
standing  orders  made  under  the 
(Standing  Orders)  Act,  1946  (20  of  1946),  or  under  this  Act  or 
under any other law applicable to the industrial establishment; 
he  has  been  on  leave  with  full  wages,  earned  in  the  previous 
year; 
he  has  been  absent  due  to  temporary  disablement  caused  by 
accident arising out of and in the course of his employment; and 

1   Substituted by Act 48 of 1954. 
2   Substituted by Act 36 of 1964. 

 
 
 
                            
Sec. 25E 

The Industrial Disputes Act, 1947 

27 

(iv)  

in  the  case  of  a  female,  she  has  been  on  maternity  leave;  so, 
however,  that  the  total  period  of  such  maternity  leave  does  not 
exceed twelve weeks.] 

1[25C.  Right  of  workmen  laid  off  for  compensation.-  Whenever  a 
workman  (other  than  a  badli  workman  or  a  casual  workman)  whose  name  is 
borne on the muster-rolls of an industrial establishment and who has completed 
not  less  than  one  year  of  continuous  service  under  an  employer  is  laid-off, 
whether  continuously  or  intermittently,  he  shall  be  paid  by  the  employer  for  all 
days  during  which  he  is  so  laid-  off,  except  for  such  weekly  holidays  as  may 
intervene, compensation which shall be equal to fifty per cent of the total of the 
basic wages and dearness allowance that would have been payable to him had he 
not been so laid-off: 

Provided that if during any period of twelve months, a workman is so laid-off 
for more than forty-five days, no such compensation shall be payable in respect 
of any period of the lay-off after the expiry of the first forty-five days, if there is an 
agreement to that effect between the workman and the employer:  

Provided  further  that  it  shall  be  lawful  for  the  employer  in  any  case  falling 
within  the  foregoing  proviso  to  retrench  the  workman  in  accordance  with  the 
provisions contained in Section 25-F at any time after the expiry of the first forty-
five  days  of  the  lay-off  and  when  he  does  so,  any  compensation  paid  to  the 
workman for having been laid-off during the preceding twelve months may be set 
off against the compensation payable for retrenchment.  

Explanation.-”Badli  workman”  means  a  workman  who  is  employed  in  an 
industrial  establishment  in  the  place  of  another  workman  whose name  is  borne 
on the muster rolls of the establishment, but shall cease to be regarded as such 
for  the  purposes  of  this  section,  if  he  has  completed  one  year  of  continuous 
service in the establishment.] 

25D.  Duty  of  an  employer  to  maintain  muster  rolls  of  workmen.- 
Notwithstanding  that  workmen  in  any  industrial  establishment  have  been  laid-
off,  it  shall  be  the  duty  of  every  employer  to  maintain  for  the  purposes  of  this 
Chapter  a  muster-roll,  and  to  provide  for  the  making  of  entries  therein  by 
workmen  who  may  present  themselves  for  work  at  the  establishment  at  the 
appointed time during normal working hours. 

25E.  Workmen  not  entitled  to  compensation  in  certain  cases.-  No 

compensation shall be paid to a workman who has been laid off- 

(i)  

(ii)  

if  he  refuses  to  accept  any  alternative  employment  in  the  same 
establishment  from  which  he  has  been  laid-off,  or  in  any  other 
establishment  belonging  to  the  same  employer  situate  in  the 
same town or village or situate within a radius of five miles from 
the  establishment  to  which  he  belongs,  if,  in  the  opinion  of  the 
employer,  such  alternative  employment  does  not  call  for  any 
special  skill  or  previous  experience  and  can  be  done  by  the 
workman,  provided  that  the  wages  which  would  normally  have 
been  paid  to  the  workman  are  offered  for  the  alternative 
employment also; 
if  he  does  not  present  himself  for  work  at  the  establishment  at 
the appointed time during normal working hours at least once a 
day; 

1   Substituted by Act 35 of 1965. 

 
 
 
 
                            
28 

The Industrial Disputes Act, 1947 

Sec. 25F 

(iii)  

if such laying-off is due to a strike or slowing-down of production 
on the part of workmen in another part of the establishment. 

 25F. Conditions precedent to retrenchment of workmen.- No workman 
employed  in  any  industry who  has been  in  continuous  service  for  not  less  than 
one year under an employer shall be retrenched by that employer until- 

(a)  

1[***] 
(b)  

(c)  

the  workman  has  been  given  one  month's  notice  in  writing 
indicating the reasons for retrenchment and the period of notice 
has  expired,  or  the  workman  has  been  paid  in  lieu  of  such 
notice, wages for the period of the notice:  

the  workman  has  been  paid,  at  the  time  of  retrenchment, 
compensation  which  shall  be  equivalent  to  fifteen  days'  average 
pay 2[for every completed year of continuous service] or any part 
thereof in excess of six months; and 
notice  in  the  prescribed  manner  is  served  on  the  appropriate 
Government  3[or  such  authority  as  may  be  specified  by  the 
appropriate Government by notification in the Official Gazette.] 

4[25FF. Compensation to workmen in case of transfer of undertakings.- 
Where  the  ownership  or  management  of  an  undertaking  is  transferred,  whether 
by  agreement  or  by  operation  of  law,  from  the  employer  in  relation  to  that 
undertaking  to  a  new  employer,  every  workman  who  has  been  in  continuous 
service  for  not  less  than  one  year  in  that  undertaking  immediately  before  such 
transfer  shall  be  entitled  to  notice  and  compensation  in  accordance  with  the 
provisions of Section 25-F, as if the workman had been retrenched: 

Provided that nothing in this section shall apply to a workman in any case 

where there has been a change of employers by reason of the transfer, if- 

 (a)  

 (b)  

 (c)  

the  service  of  the  workman  has  not  been  interrupted  by  such 
transfer; 
the  terms  and  conditions  of  service  applicable  to  the  workman 
after  such  transfer  are  not  in  any  way  less  favourable  to  the 
workman  than  those  applicable  to  him  immediately  before  the 
transfer; and 
the  new  employer  is,  under  the  terms  of  such  transfer  or 
otherwise,  legally  liable  to  pay  to  the  workman,  in  the  event  of 
his  retrenchment,  compensation  on  the  basis  that  his  service 
has  been  continuous  and  has  not  been  interrupted  by  the 
transfer.] 

5[25FFA. Sixty days' notice to be given of intention to close down any 
undertaking.-  (1)  An  employer  who  intends  to  close  down  an  undertaking  shall 
serve,  at  least  sixty  days  before  the  date  on  which  the  intended  closure  is  to 
become  effective,  a  notice,  in  the  prescribed  manner,  on  the  appropriate 
Government  stating  clearly  the  reasons  for  the  intended  closure  of  the 
undertaking: 

1   Proviso  to  clause  (a)  omitted  by  the  Industrial  Disputes  (amendment)  Act  49  of  1984 

w.e.f. 18-8-1984. 

2   Substituted by Act 36 of 1964. 
3   Inserted by Act 36 of 1964. 
4   Substituted by Act 18 of 1957. 
5   Inserted by Act 32 of 1972. 

 
 
  
 
                            
Sec. 25FFF 

The Industrial Disputes Act, 1947 

29 

Provided that nothing in this section shall apply to- 

 (a)  

 (b)  

an undertaking in which - 
(i)  
(ii)  

less than fifty workmen are employed, or 
less  than  fifty  workmen  were  employed  on  an  average 
per working day in the preceding twelve months, 
an undertaking set up for the construction of buildings, bridges, 
roads, canals, dams or for other construction work or project. 

 (2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  appropriate 
Government may,  if  it  is  satisfied  that  owing  to  such  exceptional  circumstances 
as accident in the undertaking or death of the employer or the like it is necessary 
so  to  do,  by  order,  direct  that  provisions  of  sub-section  (1)  shall  not  apply  in 
relation to such undertaking for such period as may be specified in the order]. 

125FFF.  Compensation  to  workmen  in  case  of  closing  down  of 
undertaking.-  (1)  Where  an  undertaking  is  closed  down  for  any  reason 
whatsoever, every workman who has been in continuous service for not less than 
one  year  in  that  undertaking  immediately  before  such  closure  shall,  subject  to 
the  provisions  of  sub-section  (2),  be  entitled  to  notice  and  compensation  in 
accordance  with  the  provisions  of  Section  25-F,  as  if  the  workman  had  been 
retrenched: 

Provided  that  where  the  undertaking  is  closed  down  on  account  of 
unavoidable circumstances beyond the control of the employer, the compensation 
to be paid to the workman under clause (b) of Section 25-F shall not exceed his 
average pay for three months. 

(i)  
(ii)  
(iii)  
 (iv)  

2[Explanation.-An undertaking which is closed down by reason merely of- 
financial difficulties (including financial losses); or 
accumulation of undisposed of stocks; or 
the expiry of the period of the lease or licence granted to it; or 
in a case where the undertaking is engaged in mining operations, 
exhaustion of the minerals in the area in which such operations 
are carried on,  

shall not be deemed to be closed down on account of unavoidable circumstances 
beyond the control of the employer within the meaning of the proviso to this sub- 
section.] 

3[(1-A)  Notwithstanding  anything  contained  in  sub-section  (1),  where  an 
undertaking  engaged  in  mining  operations  is  closed  down  by  reason  merely  of 
exhaustion of the minerals in the area in which such operations are carried on, 
no  workman  referred  to  in  that  sub-section  shall  be  entitled  to  any  notice  or 
compensation in accordance with the provisions of Section 25-F, if- 

(a)  

(b)  

(c)  

the employer provides the workman with alternative employment 
with effect from the date of closure at the same remuneration as 
he was entitled to receive, and on the same terms and conditions 
of  service  as  were  applicable  to  him,  immediately  before  the 
closure; 
the  service  of  the  workman  has  not  been  interrupted  by  such 
alternative employment; and 
the employer is, under the terms of such alternative employment 
or otherwise, legally liable to pay to the workman, in the event of 

1   Ins. by Act 18 of 1956, sec. 3 (w.e.f. 28.11.1956) 
2   Substituted by Act 45 of 1971. 
3   Inserted by Act 45 of 1971. 

 
 
 
                            
30 

The Industrial Disputes Act, 1947 

Sec. 25G 

his  retrenchment,  compensation  on  the  basis  that  his  service 
has  been  continuous  and  has  not  been  interrupted  by  such 
alternative employment. 

(1-B)  For  the  purposes  of  sub-sections  (1)  and  (1-A),  the  expressions 
“minerals”  and  “mining  operations”  shall  have  the  meanings  respectively 
assigned  to  them  in  clauses  (a)  and  (d)  of  Section  3  of  the  Mines  and  Minerals 
(Regulation and Development) Act, 1957 (67 of 1957).] 

(2) Where any undertaking set-up for the construction of buildings, bridges, 
roads, canals, dams or other construction work is closed down on account of the 
completion of the work within two years from the date on which the undertaking 
had  been  set  up,  no  workman  employed  therein  shall  be  entitled  to  any 
compensation  under  clause  (b)  of  Section  25-F,  but  if  the  construction  work  is 
not  so  completed  within  two  years,  he  shall  be  entitled  to  notice  and 
compensation  under  that  section  for  every  1[completed  year  of  continuous 
service] or any part thereof in excess of six months.] 

25G.  Procedure  for  retrenchment.-  Where  any  workman  in  an  industrial 
establishment, who is a citizen of India, is to be retrenched and he belongs to a 
particular  category  of  workmen  in  that  establishment,  in  the  absence  of  any 
agreement  between  the  employer  and  the  workman  in  this  behalf,  the  employer 
shall ordinarily retrench the workman who was the last person to be employed in 
that  category,  unless  for  reasons  to  be  recorded  the  employer  retrenches  any 
other workman. 

25H.  Re-employment  of  retrenched  workmen.-  Where  any  workmen  are 
retrenched  and  the  employer  proposes  to  take  into  his  employ  any  persons,  he 
shall,  in  such  manner  as  may  be  prescribed,  give  an  opportunity  2[to  the 
retrenched  workmen  who  are  citizens  of  India  to  offer  themselves  for  re-
employment,  and  such  retrenched  workmen]  who  offer  themselves  for  re-
employment shall have preference over other persons. 

 25I.  [Recovery  of  moneys  due  from  employers  under  this  Chapter.- 
Repealed  by  the  Industrial  Disputes  (Amendment  and  Miscellaneous  Provisions) 
Act, 1956 section 19 w.e.f. 10-3-1957.  

25J. Effect of laws inconsistent with this Chapter.- (1) The provisions of 
this  Chapter  shall  have  effect  notwithstanding  anything  inconsistent  therewith 
contained in any other law including standing orders made under the Industrial 
Employment (Standing Orders) Act, 1946 (20 of 1946): 

3[Provided that where under the provisions of any other Act or Rules, orders 
or  notifications  issued  thereunder  or  under  any  standing  orders  or  under  any 
award,  contract  of  service  or  otherwise,  a  workman  is  entitled  to  benefits  in 
respect of any matter which are more favourable  to him than those to which he 
would be entitled under this Act, the workman shall continue to be entitled to the 
more  favourable  benefits  in  respect  of  that  matter,  notwithstanding  that  he 
receives benefits in respect of other matters under this Act.]  

 (2) For the removal of doubts, it is hereby declared that nothing contained 
in this Chapter shall be deemed to affect the provisions of any other law for the 
time being in force in any State in so far as that law provides for the settlement of 

1   Subs. by Act 36 of 1964. 
2   Substituted by Act 36 of 1964. 
3   Substituted by Act 36 of 1964. 

 
 
 
 
 
                            
Sec. 25M 

The Industrial Disputes Act, 1947 

31 

industrial disputes, but the rights and liabilities of employers and workmen in so 
far as they relate to lay-off and retrenchment shall be determined in accordance 
with the provisions of this Chapter.]  

1[CHAPTER V-B 
 SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND 
CLOSURE IN CERTAIN ESTABLISHMENTS 

25K. Application of Chapter V-B.- (1) The provisions of this Chapter shall 
apply  to  an  industrial  establishment  (not  being  an  establishment  of  a  seasonal 
character  or  in  which  work  is  performed  only  intermittently)  in  which  not  less 
than 2[one hundred] workmen were employed on an average per working day for 
the preceding twelve months. 

 (2) If a question arises whether an industrial establishment is of a seasonal 
character or whether work is performed therein only intermittently, the decision 
of the appropriate Government thereon shall be final. 

25L. Definitions.- For the purposes of this Chapter,- 

 (a)  

 (b)  

“industrial establishment” means- 
(i)  

(ii)  

(iii)  

a  factory  as  defined  in  clause  (m)  of  Section  2  of  the 
Factories Act, 1948 (63 of 1948); 
a  mine  as  defined  in  clause  (j)  of  sub-section  (1)  of 
Section 2 of the Mines Act, 1952 (35 of 1952); or 
a  plantation  as  defined  in  clause  (f)  of  section  2  of  the 
Plantations Labour Act, 1951 (69 of 1951);  

notwithstanding  anything  contained  in  sub-clause  (ii)  of  clause 
(a) of Section 2,- 
(i)  

in  relation  to  any  company  in  which  not  less  than  fifty-
one  per  cent  of  the  paid-up  share  capital  is  held  by  the 
Central Government, or 
in  relation  to  any  corporation  not  being  a  corporation 
referred  to  in  sub-clause  (i)  of  clause  (a)  of  section  2] 
established by or under any law made by Parliament, 

(ii)  

the Central Government shall be the appropriate Government. 

25M. Prohibition of lay-off.- (1) No workman (other than a badli workman 
or a casual workman) whose name is borne on the muster rolls of an industrial 
establishment  to  which  this  Chapter  applies  shall  be  laid-off  by  his  employer 
except  3[with  the  prior  permission  of  the  appropriate  Government  or  such 
authority  as  may  be  specified  by  that  Government  by notification  in  the  Official 
Gazette (hereafter in this section referred to as the specified authority), obtained 
on  an  application  made  in  this  behalf,  unless  such  lay-off  is  due  to  shortage  of 
power or to natural calamity, and in the case of a mine, such lay-off is due also 
to fire, flood, excess of inflammable gas or explosion]. 

4[(2)  An  application  for  permission  under  sub-section  (1)  shall  be  made  by 
the  employer  in  the  prescribed  manner  stating  clearly  the  reasons  for  the 
intended 
lay-off  and  a  copy  of  such  application  shall  also  be  served 
simultaneously on the workmen concerned in the prescribed manner. 

1   Ins. by Act 32 of 1976. 
2   Substituted by Act No.46 of 1982 (w.e.f.) 7.4.1984. 
3   Subs. by the Industrial Disputes (Amendment) Act 49 of 1984 (w.e.f. 18.8.1984). 
4   Subs. by Act No.49 of 1984 (w.e.f. 18.8.1984) 

 
 
 
 
                            
32 

The Industrial Disputes Act, 1947 

Sec. 25M 

(3) Where the workmen (other than badli workmen or casual workmen) of an 
industrial  establishment,  being  a  mine,  have  been  laid-off  under  sub-section  (1) 
for reasons of fire, flood or excess of inflammable gas or explosion, the employer, 
in  relation  to  such  establishment,  shall,  within  a  period  of  thirty  days  from  the 
date  of  commencement,  of  such  lay-off,  apply,  in  the  prescribed  manner,  to  the 
appropriate Government or the specified authority for permission to continue the 
lay-off. 

 (4)  Where  an  application  for  permission  under  sub-section  (1)  or  sub-
section  (3)  has  been  made,  the  appropriate  Government  or  the  specified 
authority, after making such enquiry as it thinks fit and after giving a reasonable 
opportunity  of  being  heard  to  the  employer,  the  workmen  concerned  and  the 
persons  interested  in  such  lay-off,  may,  having  regard  to  the  genuineness  and 
adequacy  of  the  reasons  for  such  lay-off,  the  interests  of  the  workmen  and  all 
other relevant factors, by order and for reasons to be recorded in writing, grant or 
refuse to grant such permission and a copy of such order shall be communicated 
to the employer and the workmen. 

 (5)  Where  an  application  for  permission  under  sub-section  (1)  or  sub-
section  (3)  has  been  made  and  the  appropriate  Government  or  the  specified 
authority  does  not  communicate  the  order  granting  or  refusing  to  grant 
permission to the employer within a period of sixty days from the date on which 
such  application  is  made,  the  permission  applied  for  shall  be  deemed  to  have 
been granted on the expiration of the said period of sixty days. 

(6)  An  order  of  the  appropriate  Government  or  the  specified  authority 
granting  or  refusing  to  grant  permission  shall,  subject  to  the  provisions  of  sub-
section (7), be final and binding on all the parties concerned and shall remain in 
force for one year from the date of such order. 

 (7) The appropriate Government or the specified authority may, either on its 
own motion or on the application made by the employer or any workman, review 
its  order  granting  or  refusing  to  grant  permission  under  sub-section  (4)  or  refer 
the  matter  or,  as  the  case  may  be,  cause  it  to  be  referred,  to  a  Tribunal  for 
adjudication: 

Provided  that  where  a  reference  has  been  made  to  a  Tribunal  under  this 
sub-section, it shall pass an award within a period of thirty days from the date of 
such reference. 

 (8)  Where  no  application  for  permission  under  sub-section  (1)  is  made,  or 
where  no  application  for  permission  under  sub-section  (3)  is  made  within  the 
period specified therein, or where the permission for any lay-off has been refused, 
such  lay-off  shall  be  deemed  to  be  illegal  from  the  date  on  which  the  workmen 
had been laid-off and the workmen shall be entitled to all the benefits under any 
law for the time being in force as if they had not been laid-off. 

 (9)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this 
section,  the  appropriate  Government  may,  if  it  is  satisfied  that  owing  to  such 
exceptional  circumstances  as  accident  in  the  establishment  or  death  of  the 
employer or the like, it is necessary so to do, by order, direct that the provisions 
of  sub-section  (1),  or,  as  the  case  may  be,  sub-section  (3)  shall  not  apply  in 
relation to such establishment for such period as may be specified in the order.]  
1[(10) The provisions of Section 25-C (other than the second proviso thereto) 

shall apply to cases of lay-off referred to in this section. 

1   Sub-S. (6) re-numbered as sub-sec.(10) by Act No.49 of 1984 (w.e.f. 18.8.1984). 

 
 
                            
Sec. 25N 

The Industrial Disputes Act, 1947 

33 

Explanation.-  For  the  purposes  of  this  section,  a  workman  shall  not  be 
deemed  to  be  laid-off  by  an  employer  if  such  employer  offers  any  alternative 
employment  (which  in  the  opinion  of  the  employer  does  not  call  for  any  special 
skill  or  previous  experience  and  can  be  done  by  the  workman)  in  the  same 
establishment  from  which  he  has  been  laid-off  or  in  any  other  establishment 
belonging  to  the  same  employer,  situate  in  the  same  town  or  village,  or  situate 
within  such  distance  from  the  establishment  to  which  he  belongs  that  the 
transfer  will  not  involve  undue  hardship  to  the  workman  having  regard  to  the 
facts  and  circumstances  of  his  case,  provided  that  the  wages  which  would 
normally  have  been  paid  to  the  workman  are  offered  for  the  alternative 
appointment also. 

1[25N.  Conditions  precedent  to  retrenchment  of  workmen.-  (1)  No 
workman  employed  in  any  industrial  establishment  to  which  this  Chapter 
applies, who has been in continuous service for not less than one year under an 
employer shall be retrenched by that employer until,- 

(a)  

(b)  

the  workman  has  been  given  three  months'  notice  in  writing 
indicating the reasons for retrenchment and the period of notice 
has  expired,  or  the  workman  has  been  paid  in  lieu  of  such 
notice, wages for the period of notice; and  
the  prior  permission  of  the  appropriate  Government  or  such 
authority as may be specified by that Government by notification 
in the Official Gazette (hereafter in this section referred to as the 
specified authority) has been obtained on an application made in 
this behalf. 

(2) An application for permission under sub-section (1) shall be made by the 
employer  in  the  prescribed  manner  stating  clearly  the  reasons  for  the  intended 
retrenchment and a copy of such application shall also be served simultaneously 
on the workmen concerned in the prescribed manner. 

(3)  Where  an  application  for  permission  under  sub-section  (1)  has  been 
made, the appropriate Government or the specified authority, after making such 
enquiry as it thinks fit and after giving a reasonable opportunity of being heard to 
the  employer,  the  workmen  concerned  and  the  person  interested  in  such 
retrenchment,  may,  having  regard  to  the  genuineness  and  adequacy  of  the 
reasons  stated  by  the  employer,  the  interests  of  the  workmen  and  all  other 
relevant  factors,  by  order  and  for  reasons  to  be  recorded  in  writing,  grant  or 
refuse to grant such permission and a copy of such order shall be communicated 
to the employer and the workmen. 

(4) Where an application for permission has been made under sub- section 
(1)  and  the  appropriate  Government  or  the  specified  authority  does  not 
communicate the order granting or refusing to grant permission to the employer 
within  a  period  of  sixty  days  from  the  date  on  which  such  application  is  made, 
the  permission  applied  for  shall  be  deemed  to  have  been  granted  on  the 
expiration of the said period of sixty days. 

(5)  An  order  of  the  appropriate  Government  or  the  specified  authority 
granting  or  refusing  to  grant  permission  shall,  subject  to  the  provisions  of  sub-
section (6), be final and binding on all the parties concerned and shall remain in 
force for one year from the date of such order. 

(6) The appropriate Government or the specified authority may, either on its 
own motion or on the application made by the employer or any workman, review 

1   Subs. by Act No.49 of 1984 (w.e.f. 18.8.1984). 

 
 
 
                            
34 

The Industrial Disputes Act, 1947 

Sec. 25O 

its  order  granting  or  refusing  to  grant  permission  under  sub-section  (3)  or  refer 
the  matter  or,  as  the  case  may  be,  cause  it  to  be  referred,  to  a  Tribunal  for 
adjudication: 

Provided  that  where  a  reference  has  been  made  to  a  Tribunal  under  this 
sub-section, it shall pass an award within a period of thirty days from the date of 
such reference. 

(7)  Where  no  application  for  permission  under  sub-section  (1)  is  made,  or 
where the permission for any retrenchment has been refused, such retrenchment 
shall be deemed to be illegal from the date on which the notice of retrenchment 
was given to the workman and the workman shall be entitled  to all  the benefits 
under any law for the time being in force as if no notice had been given to him. 

(8)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this 
section,  the  appropriate  Government  may,  if  it  is  satisfied  that  owing  to  such 
exceptional  circumstances  as  accident  in  the  establishment  or  death  of  the 
employer or the like, it is necessary so to do, by order, direct that the provisions 
of  sub-section  (1)  shall  not  apply  in  relation  to  such  establishment  for  such 
period as may be specified in the order. 

(9) Where permission for retrenchment has been granted under sub- section 
(3)  or  where  permission  for  retrenchment  is  deemed  to  be  granted  under  sub-
section  (4),  every  workman  who  is  employed  in  that  establishment  immediately 
before the date of application for permission under this section shall be entitled 
to  receive,  at  the  time  of  retrenchment,  compensation  which  shall  be  equivalent 
to fifteen days' average pay for every completed year of continuous service or any 
part thereof in excess of six months.]  

1[25O. Procedure for closing down an undertaking.- (1) An employer who 
intends  to  close  down  an  undertaking  of  an  industrial  establishment  to  which 
this Chapter applies shall, in the prescribed manner, apply, for prior permission 
at least ninety days before the date on which the intended closure is to become 
effective,  to  the  appropriate  Government,  stating  clearly  the  reasons  for  the 
intended closure of the undertaking and a copy of such application shall also be 
served  simultaneously  on  the  representatives  of  the  workmen  in  the  prescribed 
manner: 

Provided that nothing in this sub-section shall apply to an undertaking set 
up  for  the  construction  of  buildings,  bridges,  roads,  canals,  dams  or  for  other 
construction work. 

 (2)  Where  an application  for  permission  has  been  made  under  sub-section 
(1),  the  appropriate  Government,  after  making  such  enquiry  as  it  thinks  fit  and 
after  giving  a  reasonable  opportunity  of  being  heard  to  the  employer,  the 
workmen  and  the  persons  interested  in  such  closure  may,  having  regard  to  the 
genuineness and adequacy of the reasons stated by the employer, the interests of 
the  general  public  and all  other relevant factors, by order and for reasons to be 
recorded in writing, grant or refuse to grant such permission and a copy of such 
order shall be communicated to the employer and the workmen. 

 (3)  Where  an  application  has  been  made  under  sub-section  (1)  and  the 
appropriate Government does not communicate the order granting or refusing to 
grant permission to the employer within a period of sixty days from the date on 
which  such  application  is  made  the  permission  applied  for  shall  be  deemed  to 
have been granted on the expiration of the said period of sixty days. 

1   Subs. by Act No.46 of 1982 (w.e.f. 21.8.1984). 

 
 
 
                            
Sec. 25Q 

The Industrial Disputes Act, 1947 

35 

(4)  An  order  of  the  appropriate  Government  granting  or  refusing  to  grant 
permission shall, subject to the provisions of sub- section (5) be final and binding 
on  all  the  parties  and  shall  remain  in  force  for  one  year  from  the  date  of  such 
order. 

 (5)  The  appropriate  Government  may,  either  on  its  own  motion  or  on 
application  made  by  the  employer  or  any  workman, review  its  order  granting  or 
refusing  to  grant  permission  under  sub-section  (2)  or  refer  the  matter  to  a 
Tribunal for adjudication: 

Provided  that  where  a  reference  has  been  made  to  a  Tribunal  under  this 
sub-section, it shall pass an award within a period of thirty days from the date of 
such reference. 

 (6)  Where  no  application  for  permission  under  sub-section  (1)  is  made 
within the period specified therein, or where the permission for closure has been 
refused,  the  closure  of  the  undertaking  shall  be  deemed  to  be  illegal  from  the 
date  of  closure  and  the  workmen  shall  be  entitled  to  all  the  benefits  under  any 
law for the time being in force as if the undertaking had not been closed down. 

 (7)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this 
section,  the  appropriate  Government  may,  if  it  is  satisfied  that  owing  to  such 
exceptional  circumstances  as  accident  in  the  undertaking  or  death  of  the 
employer or the like it is necessary so to do, by order, direct that the provisions of 
sub-section (1) shall not apply in relation to such undertaking for such period as 
may be specified in the order. 

 (8) Where an undertaking is permitted to be closed down under sub-section 
(2)  or  where  permission  for  closure  is  deemed  to  be  granted  under  sub-section 
(3), every workman who is employed in that undertaking immediately before the 
date of application for permission under this section, shall be entitled to receive 
compensation  which  shall  be  equivalent  to  fifteen  days'  average  pay  for  every 
completed year of continuous service or any part thereof in excess of six months.] 
25P.  Special  provisions  as  to  restarting  of  undertakings  closed  down 
before  commencement  of  the  Industrial  Disputes  (Amendment)  Act,  1976.- 
If the appropriate Government is of opinion in respect of any undertaking or an 
industrial  establishment  to  which  this  Chapter  applies  and  which  closed  down 
before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 
of 1976),- 

(a)  

(b)  
(c)  

(d)  

that  such  undertaking  was  closed  down  otherwise  than  on 
account of unavoidable circumstances beyond the control of the 
employer; 
that there are possibilities of restarting the undertaking; 
that  it  is  necessary  for  the  rehabilitation  of  the  workmen 
employed  in  such  undertaking  before  its  closure  or  for  the 
maintenance  of  supplies  and  services  essential  to  the  life  of  the 
community to restart the undertaking or both; and 
that the restarting of the undertaking will not result in hardship 
to the employer in relation to the undertaking, 

it  may,  after  giving  an  opportunity  to  such  employer  and  workmen,  direct,  by 
order  published  in  the  Official  Gazette,  that  the  undertaking  shall  be  restarted 
within  such  time  (not  being  less  than  one  month  from  the  date  of  the  order)  as 
may as specified in the order. 

25Q.  Penalty 

retrenchment  without  previous 
permission.-Any  employer  who  contravenes  the  provisions  of  Section  25M  or 

lay-off  and 

for 

 
 
 
36 

The Industrial Disputes Act, 1947 

Sec. 25R 

1[***]  of  Section  25-N  shall  be  punishable  with  imprisonment  for  a  term  which 
may  extend  to  one  month,  or  with  fine  which  may  extend  to  one  thousand 
rupees, or with both. 

25R.  Penalty  for  closure.-  (1)  Any  employer  who  closes  down  an 
undertaking  without  complying  with  the  provisions  of  sub-section  (1)  of  Section 
25-O shall be punishable with imprisonment for a term which may extend to six 
months, or with fine which may extend to five thousand rupees, or with both. 

 (2)  Any  employer  who  contravenes  2[an  order  refusing  to  grant  permission 
to close down an undertaking under sub-section (2) of Section 25-O or a direction 
given  under  Section  25-P]  shall  be  punishable  with  imprisonment  for  a  term 
which  may  extend  to  one  year,  or  with  fine  which  may  extend  to  five  thousand 
rupees,  or  with  both,  and  where  the  contravention  is  a  continuing  one,  with  a 
further  fine  which  may  extend  to  two  thousand  rupees  for  every  day  during 
which the contravention continues after the conviction. 

(3) 3[***] 

25S.  Certain  provisions  of  Chapter  V-A  to  apply  to  an  industrial 
establishment to which this Chapter applies.- The provisions of Sections 25B, 
25D, 25FF, 25G, 25H and 25J in Chapter V-A shall, so far as may be, apply also 
in relation to an industrial establishment to which the provisions of this Chapter 
apply.] 

4[CHAPTER V-C  
 UNFAIR LABOUR PRACTICES 

25T. Prohibition of Unfair Labour Practice.- No employer or workman or a 
trade union, whether registered under the Trade Unions Act, 1926 (16 of 1926) or 
not shall commit any unfair labour practice. 

25U.  Penalty  for  committing  unfair  labour  practices.-  Any  person  who 
commits any unfair labour practice shall be punishable with imprisonment for a 
term  which  may  extend  to  six  months  or  with  fine  which  may  extend  to  one 
thousand rupees, or with both.] 

CHAPTER VI 
PENALTIES 

 26.  Penalty  for  illegal  strikes  and  lock-outs.-  (1)  Any  workman  who 
commences,  continues  or  otherwise  acts  in  furtherance  of,  a  strike  which  is 
illegal  under  this  Act,  shall  be  punishable  with  imprisonment  for  a  term  which 
may extend to one month, or with fine which may extend to fifty rupees, or with 
both. 

 (2)  Any  employer  who  commences,  continues,  or  otherwise  acts  in 
furtherance of a lock-out which is illegal under this Act, shall be punishable with 
imprisonment for a term which may extend to one month, or with fine which may 
extend to one thousand rupees, or with both. 

27.  Penalty  for  instigation  etc.-  Any  person  who  instigates  or  incites 
others  to  take  part  in,  or  otherwise  acts  in  furtherance  of,  a  strike  or  lock-out 
which is illegal under this Act, shall be punishable with imprisonment for a term 

1   Omitted by Act No. 49 of 1984, (w.e.f. 18.8.1984). 
2   Subs. by Act No. 46 of 1982 (w.e.f. 21.8.1984) 
3   Omitted by Act 46 of 1982, s. 15 (w.e.f. 21.8.1984). 
4   Inserted Act No. 46 of 1982. 

 
 
 
 
 
 
                            
Sec. 33 

The Industrial Disputes Act, 1947 

37 

which may extend to six months, or with fine which may extend to one thousand 
rupees, or with both. 

28. Penalty for giving financial aid to illegal strikes and lock-outs.- Any 
person  who  knowingly  expends  or  applies  any  money  in  direct  furtherance  or 
support  of  any  illegal  strike  or  lock-out  shall  be  punishable  with  imprisonment 
for a term which may extend to six months, or with fine which may extend to one 
thousand rupees, or with both. 

1[29.  Penalty  for  breach  of  settlement  or  award.-  Any  person  who 
commits  a  breach  of  any  term  of  any  settlement  or  award,  which  is  binding  on 
him under this Act, shall be punishable with imprisonment for a term which may 
extend  to  six  months,  or  with  fine,  or  with  both  2[and  where  the  breach  is  a 
continuing one, with a further fine which may extend to two hundred rupees for 
every  day  during  which  the  breach  continues  after  the  conviction  for  the  first] 
and the Court trying the offence, if it fines the offender, may direct that the whole 
or any part of the fine realised from him shall be paid by way of compensation, to 
any person who, in its opinion, has been injured by such breach.] 

30.  Penalty  for  disclosing  confidential  information.-  Any  person  who 
wilfully  discloses  any  such  information  as  is  referred  to  in  Section  21  in 
contravention of the provisions of that section shall, on complaint made by or on 
behalf  of  the  trade  union  or  individual  business  affected,  be  punishable  with 
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine,  which 
may extend to one thousand rupees, or with both.] 

3[30A. Penalty for closure without notice.- Any employer who closes down 
any undertaking without complying with the provisions of Section 25FFA shall be 
punishable  with  imprisonment  for  a  term  which  may  extend  to  six  months,  or 
with fine which may extend to five thousand rupees, or with both.] 

31.  Penalty  for  other  offences.-  (1)  Any  employer  who  contravenes  the 
provisions of Section 33 shall be punishable with imprisonment for a term which 
may  extend  to  six  months,  or  with  fine  which  may  extend  to  one  thousand 
rupees, or with both. 

(2) Whoever contravenes any of the provisions of this Act or any rule made 
thereunder  shall,  if  no  other  penalty  is  elsewhere  provided  by  or  under  this  Act 
for  such  contravention,  be  punishable  with  fine  which  may  extend  to  one 
hundred rupees. 

CHAPTER VII 
 MISCELLANEOUS 

32.  Offences  by  companies,  etc.-  Where  a  person  committing  an  offence 
under this Act is a company or other body corporate, or an association of persons 
(whether incorporated or not), every director, manager, secretary, agent or other 
officer or person concerned with the management thereof shall, unless he proves 
that the offence was committed without his knowledge or consent, be deemed to 
be guilty of such offence. 

1   Subs. by Act 36 of 1956. 
2   Ins. by Act 35 of 1965. 
3   Ins. by Act 32 of 1972. 

 
 
 
 
 
 
 
 
                            
38 

The Industrial Disputes Act, 1947 

Sec. 33 

1[33.  Conditions  of  service,  etc.  to  remain  unchanged  under  certain 
circumstances during pendency of proceedings.- During the pendency of any 
conciliation  proceedings  before  a  conciliation  officer  or  a  Board  or  of  any 
proceeding  before  2[an  arbitrator  or]  a  Labour  Court  or  Tribunal  or  National 
Tribunal in respect of an industrial dispute, no employer shall, 

(a)  

(b)  

in  regard  to  any  matter  connected  with  dispute,  alter,  to  the 
prejudice  of  the  workmen  concerned  in  such  dispute,  the 
conditions  of  service  applicable  to  them  immediately  before  the 
commencement of such proceedings; or 
for  any  misconduct  connected  with  the  dispute,  discharge  or 
punish,  whether  by  dismissal  or  otherwise,  any  workmen 
concerned in such dispute, 

save  with  the  express  permission  in  writing  of  the  authority  before  which  the 
proceeding is pending. 

 (2) During the pendency of any such proceeding in respect of an industrial 
dispute, the employer may, in accordance with the standing orders applicable to 
a  workman  concerned  in  such  dispute  3[or,  where  there  are  no  such  standing 
orders, in accordance with the terms of the contract, whether express or implied 
between him and the workman]- 

(a)  

(b)  

alter, in regard to any matter not connected with the dispute, the 
conditions  of  service  applicable  to  that  workman  immediately 
before the commencement of such proceeding; or 
for any misconduct not connected with the dispute, discharge or 
punish whether by dismissal or otherwise, that workman: 

Provided that no such workman shall be discharged or dismissed, unless he 
has  been  paid  wages  for  one  month  and  an  application  has  been  made  by  the 
employer to the authority before which the proceeding is pending for approval of 
the action taken by the employer. 

(3) Notwithstanding anything contained in sub-section (2) no employer shall, 
during the pendency of any such proceeding in respect of an industrial dispute, 
take any action against any protected workman concerned in such dispute- 

(a)  

(b)  

by  altering,  to  the  prejudice  of  such  protected  workman,  the 
conditions  of  service  applicable  to  him  immediately  before  the 
commencement of such proceeding; or 
by  discharging  or  punishing,  whether  by  dismissal  or  otherwise 
such protected workman, 

save  with  the  express  permission  in  writing  of  the  authority  before  which  the 
proceeding is pending. 

 Explanation.-  For  the  purposes  of  this  sub-section,  a  “protected  workman” 
in relation to an establishment, means a workman, who being 4[a member of the 
executive  or  other  office  bearer]  of  a  registered  trade  union  connected  with  the 
establishment,  is  recognized  as  such  in  accordance  with  rules  made  in  this 
behalf. 

 (4)  In  every  establishment,  the  number  of  workmen  to  be  recognized  as 
protected  workmen  for  the  purposes  of  sub-section  (3)  shall  be  one  per  cent  of 
the total number of workmen employed therein subject to a minimum number of 

1   Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 
2   Ins. by Act 36 of 1964. 
3   Ins. by Act 36 of 1964. 
4   Subs. by Act 45 of 1971. 

 
 
                            
Sec. 33B 

The Industrial Disputes Act, 1947 

39 

five  protected  workmen  and  a  maximum  number  of  one  hundred  protected 
workmen and for this aforesaid purpose, the appropriate Government may make 
rules  providing  for  the  distribution  of  such  protected  workmen  among  various 
trade unions, if any, connected with the establishment and the manner in which 
the workmen may be chosen and recognised as protected workmen. 

(5) Where an employer makes an application to a conciliation officer, Board, 
1[an arbitrator], a Labour Court, Tribunal or National Tribunal under the proviso 
to  sub-section  (2)  for  approval  of  the  action  taken  by  him,  the  authority 
concerned shall, without delay, hear such application and pass, 2[within a period 
of  three  months  from  the  date  of  receipt  of  such  application]  such  order  in 
relation thereto as it deems fit]: 

3[Provided  that  where  any  such  authority  considers  it  necessary  or 
expedient  so  to  do,  it  may,  for  reasons  to  be  recorded  in  writing  extend  such 
period by such further period as it may think fit: 

Provided  further  that  no  proceedings  before  any  such  authority  shall  lapse 
merely  on  the  ground  that  any  period  specified  in  this  sub-section  had  expired 
without such proceedings being completed.] 

4[33A.  Special  provision  for  adjudication  as  to  whether  conditions  of 
service  etc.  changed  during  pendency  of  proceeding.-  Where  an  employer 
contravenes  the  provisions  of  Section  33  during  the  pendency  of  proceedings 
5[before  a  conciliation  officer,  Board,  an  arbitrator,  a  Labour  Court,  Tribunal  or 
National  Tribunal]  any  employee  aggrieved  by  such  contravention,  may  make  a 
complaint in writing 6[in the prescribed manner,- 

 (a)  

 (b)  

to such conciliation officer  or Board, and the conciliation officer 
or Board shall take such complaint into account in mediating in, 
and promoting the settlement of, such industrial dispute; and 
to such arbitrator, Labour Court, Tribunal, or National Tribunal 
and  on  receipt  of  such  complaint,  the  arbitrator,  Labour  Court, 
Tribunal  or  National  Tribunal  as  the  case  may  be,  shall 
adjudicate upon the complaint as if it were a dispute referred to 
or pending before it, in accordance with the provisions of this Act 
and shall submit his or its award to the appropriate Government 
and the provisions of this Act shall apply accordingly.] 
7[33B.  Power  to  transfer  certain  proceedings-  (1)  The  appropriate 
Government  may,  by  order  in  writing  and  for  reasons  to  be  stated  therein, 
withdraw  any  proceeding  under  this  Act  pending  before  a  Labour  Court, 
Tribunal,  or  National  Tribunal  and  transfer  the  same  to  another  Labour  Court, 
Tribunal  or  National  Tribunal,  as  the  case  may  be,  for  the  disposal  of  the 
proceeding  and  the  Labour  Court,  Tribunal  or  National  Tribunal  to  which  the 
proceeding  is  so  transferred  may,  subject  to  special  directions  in  the  order  of 
transfer, proceed either de novo or from the stage at which it was so transferred: 

1   Ins. by Act 36 of 1964. 
2   Subs. by Act No.46 of 1982. 
3   Ins. by Act No.46 of 1982. 
4   Ins. by Act No.48 of 1950. 
5   Subs. by Act No.46 of 1982. 
6   Subs. by Act No.46 of 1982. 
7   Ins. by Act No.36 of 1956 (w.e.f. 10.3.1957). 

 
 
                            
40 

The Industrial Disputes Act, 1947 

Sec. 33C 

Provided  that  where  a  proceeding  under  Section  33  or  Section  33A  is 
pending  before  a  Tribunal  or  National  Tribunal,  the  proceeding  may  also  be 
transferred to a Labour Court. 

 (2)  Without  prejudice  to  the  provisions  of  sub-section  (1),  any  Tribunal  or 
National Tribunal, if so authorized by the appropriate Government, may transfer 
any proceeding under Section 33 or Section 33A pending before it to any one of 
the  Labour  Courts  specified  for  the  disposal  of  such  proceedings  by  the 
appropriate  Government  by  notification  in  the  Official  Gazette  and  the  Labour 
Court to which the proceeding is so transferred shall dispose of the same. 

1[33C. Recovery of money due from an employer.- (1) Where any money 
is due to a workman from an employer under a settlement or an award or under 
the  provisions  of  2[Chapter  V-A  or  Chapter  V-B],  the  workman  himself  or  any 
other  person  authorised  by  him  in  writing  in  this  behalf,  or,  in  the  case  of  the 
death of the workman, his assignee or heirs may, without prejudice to any other 
mode  of  recovery,  make  an  application  to  the  appropriate  Government  for  the 
recovery of the money due to him, and if the appropriate Government is satisfied 
that  any  money  is  so  due,  it  shall  issue  a  certificate  for  that  amount  to  the 
Collector who shall proceed to recover the same in the same manner as an arrear 
of land revenue: 

Provided that every such application shall be made within one year from the 

date on which the money became due to the workman from the employer : 

Provided  further  that  any  such  application  may  be  entertained  after  the 
expiry  of  the  said  period  of  one  year,  if  the  appropriate  Government  is  satisfied 
that the applicant had sufficient cause for not making the application within the 
said period. 

 (2) Where any workman is entitled to receive from the employer any money 
or any benefit which is capable of being computed in terms of money and if any 
question  arises  as  to  the  amount  of  money  due  or  as  to  the  amount  at  which 
such  benefit  should  be  computed,  then  the  question  may,  subject  to  any  rules 
that  may  be  made  under  this  Act,  be  decided  by  such  Labour  Court  as  may  be 
specified  in  this  behalf  by  the  appropriate  Government  3[within  a  period  not 
exceeding three months:] 

4[Provided  that  where  the  presiding  officer  of  a  Labour  Court  considers  it 
necessary  or  expedient  so  to  do,  he  may,  for  reasons  to  be  recorded  in  writing, 
extend such period by such further period as he may think fit.] 

(3) For the purposes of computing the money value of a benefit, the Labour 
Court may, if it so thinks fit, appoint a Commissioner who shall after taking such 
evidence  as  may  be  necessary,  submit  a  report  to  the  Labour  Court  and  the 
Labour  Court  shall  determine  the  amount  after  considering  the  report  of  the 
Commissioner and other circumstances of the case. 

(4)  The  decision  of  the  Labour  Court  shall  be  forwarded  by  it  to  the 
appropriate Government and any amount found due by the Labour Court may be 
recovered in the manner provided for in sub-section (1). 

 (5)  Where  workmen  employed  under  the  same  employer  are  entitled  to 
receive from him any money or any benefit capable of being computed in terms of 
money,  then,  subject  to  such  rules  as  may  be  made  in  this  behalf,  a  single 

1   Subs. by Act No.36 of 1964 (w.e.f. 15.12.1964). 
2   Subs. by Act No.32 of 1976 (w.e.f. 5.3.1976). 
3   Subs. by Act No.46 of 1982. 
4   Inserted by the Industries Disputes (Amendment) Act 46 of 1982. 

 
 
 
                            
Sec. 36 

The Industrial Disputes Act, 1947 

41 

application  for  the  recovery  of  the  amount  due  may  be  made  on  behalf  of  or  in 
respect of any number of such workmen. 

Explanation.- In this section “Labour Court” includes any Court constituted 
under  any  law  relating  to  investigation  and  settlement  of  industrial  disputes  in 
force in any State.] 

34.  Cognizance  of  offences-  (1)  No  Court  shall  take  cognizance  of  any 
offence  punishable  under  this  Act,  or  of  the abetment  of  any  such  offence,  save 
on complaint made by or under the authority of the appropriate Government. 

 (2)  No  Court  inferior  to  that  of  1[a  Metropolitan  Magistrate  or  a  Judicial 

Magistrate of the first class] shall try any offence punishable under this Act. 

 35.  Protection  of  persons.-  (1)  No  person  refusing  to  take  part  or  to 
continue  to  take  part  in  any  strike  or  lock-out  which  is  illegal  under  this  Act 
shall,  by  reason  of  such  refusal  or  by  reason  of  any action  taken  by  him  under 
this  section,  be  subject  to  expulsion  from  any  trade  union  or  society,  or  to  any 
fine  or  penalty,  or  to  deprivation  of  any  right  or  benefit  to  which  he  or his  legal 
representatives  would  otherwise  be  entitled,  or  be  liable  to  be  placed  in  any 
respect, either directly or indirectly, under any disability or at any disadvantage 
as compared with other members of the union or society anything to the contrary 
in the rules of a trade union or society notwithstanding. 

 (2) Nothing in the rules of a trade union or society requiring the settlement 
of disputes in any manner shall apply to any proceeding for enforcing any right 
or exemption secured by this section, and in any such proceeding the Civil Court 
may,  in  lieu  of  ordering  a  person  who  has  been  expelled  from  membership  of  a 
trade union or society to be restored to membership, order that he be paid out of 
the  funds  of  the  trade  union  or  society  such  sum  by  way  of  compensation  or 
damages as that Court thinks just. 

2[36. Representation of parties.- (1) A workman who is a party to a dispute 

shall be entitled to be represented in any proceeding under this Act by- 

 (a) 

 (b)  

 (c)  

3[any  member  of  the  executive  or  other  office  bearer]  of  a 
registered trade union of which he is a member; 
4[any  member  of  the  executive  or  other  office  bearer]  of  a 
federation of trade unions to which the trade union referred to in 
clause (a) is affiliated; 
where  the  worker  is  not  a  member  of  any  trade  union,  by  5[any 
member  of  the  executive  or  other  office  bearer]  of  any  trade 
union connected with, or by any other workman employed in the 
industry in which the worker is employed and authorized in such 
manner as may be prescribed. 

 (2)  An  employer  who  is  a  party  to  a  dispute  shall  be  entitled  to  be 

represented in any proceeding under this Act by- 

(a)  

an  officer  of  an  association  of  employers  of  which  he  is  a 
member; 

1   Subs. by Act No.46 of 1982. 
2   Subs. by Act No.48 of 1950, S.34 and sch. for the original section. 
3   Subs. by Act No.45 of 1971. 
4   Subs. by Act 45 of 1971. 
5   Subs. by Act 45 of 1971, S.6 for “an officer” (w.e.f. 5.12.1971). 

 
 
 
 
 
                            
42 

The Industrial Disputes Act, 1947 

Sec. 36A 

(b)  

(c)  

an  officer  of  a  federation  of  associations  of  employers  to  which 
the association referred to in Clause (a) is affiliated; 
where  the  employer  is  not  a  member  of  any  association  of 
employers,  by  an  officer  of  any  association  of  employers 
connected  with,  or  by  any  other  employer  engaged  in,  the 
industry  in  which  the  employer  is  engaged  and  authorised  in 
such manner as may be prescribed. 

 (3)  No  party  to  a  dispute  shall  be  entitled  to  be  represented  by  a  legal 
practitioner  in  any  conciliation  proceeding  under  this  Act  or  in  any  proceeding 
before a Court. 

 (4)  In  any  proceeding  1[before  a  Labour  Court,  Tribunal  or  National 
Tribunal] a party to a dispute may be represented by a legal practitioner with the 
consent of the other parties to the proceedings and 2[with the leave of the Labour 
Court, Tribunal, or National Tribunal as the case may be. 

3[36A.  Power  to  remove  difficulties.-  (1)  If,  in  the  opinion  of  the 
appropriate Government, any difficulty or doubt arises as to the interpretation of 
any provision of an award or settlement, it may refer the question to such Labour 
Court, Tribunal or National Tribunal as it may think fit. 

 (2) The Labour Court, Tribunal or National Tribunal to which such question 
is  referred  shall,  after  giving  the  parties  an  opportunity  of  being  heard,  decide 
such question and its decisions shall be final and binding on all such parties.] 

4[36B. Power to exempt.- Where the appropriate Government is satisfied in 
relation  to  any  industrial  establishments  or  undertaking  or  any  class  of 
industrial  establishment  or  undertakings  carried  on  by  a  department  of  that 
Government that adequate provisions exist for the investigation and settlement of 
industrial  disputes  in  respect  of  workmen  employed  in  such  establishment  or 
undertaking or class of establishments or undertakings, it may, by notification in 
the Official Gazette, exempt, conditionally or unconditionally such establishment 
or undertaking or class of establishments or undertakings from all or any of the 
provisions of this Act.] 

37.  Protection  of  action  taken  under  the  Act.-  No  suit,  prosecution  or 
other legal proceeding shall lie against any person for anything which is in good 
faith  done  or  intended  to  be  done  in  pursuance  of  this  Act  or  any  rules  made 
thereunder. 

38. Power to make rules.- (1) The appropriate Government may, subject to 
the condition of previous publication, make rules for the purpose of giving effect 
to the provisions of this Act. 

 (2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing 

power, such rules may provide for all or any of the following matters, namely:- 

(a)  

the powers and procedure of conciliation officers, Boards, Courts 
5[Labour  Courts,  Tribunals,  and  National  Tribunals]  including 
rules  as  to  the  summoning  of  witnesses,  the  production  of 
documents  relevant  to  the  subject-matter  of  an  inquiry  or 

1   Subs. by Act 36 of 1956, sec. 24, for “before a Tribunal” (w.e.f. 10.3.1957). 
2   Subs. by Act 36 of 1956, sec. 24, for “with the leave of the Tribunal” (w.e.f. 10.3.1957). 
3   Ins. by Act No.36 of 1956 (w.e.f. 10.3.1957) 
4   Ins. by Act No.46 of 1982. 
5   Subs. by Act No.36 of 1956 (w.e.f. 10.3.1957) 

 
 
 
 
 
 
                            
Sec. 38 

The Industrial Disputes Act, 1947 

43 

1[(aa)  

investigation,  the  number  of  members  necessary  to  form  a 
quorum and the manner of submission of reports and awards; 
the form of arbitration agreement, the manner in which it may be 
signed  by  the  parties,  2[the  manner  in  which  a  notification  may 
be  issued  under  sub-section  (3-A)  of  section  10A]  the  powers  of 
the  arbitrator  named  in  the  arbitration  agreement  and  the 
procedure to be followed by him; 

(c) 

 (b)  

 (aaa)   the appointment of assessors in proceedings under this Act;] 
3[(ab)  

the  constitution  of  Grievance  Settlement  Authorities  referred  to 
in  Section  9C,  the  manner  in  which  industrial  disputes  may  be 
referred  to  such  authorities  for  settlement,  the  procedure  to  be 
followed  by  such  authorities  in  the  proceedings  in  relation  to 
disputes  referred  to  them  and  the  period  within  which  such 
proceedings shall be completed:] 
the  constitution  and  functions  of  and  the  filling  of  vacancies  in 
Works  Committees,  and  the  procedure  to  be  followed  by  such 
Committees in the discharge of their duties; 
the  allowances  admissible  to  members  of  Court  4[and  Boards 
and presiding  officers  of  Labour  Courts,  Tribunals  and  National 
Tribunals] and to assessors and witnesses; 
the  ministerial  establishment  which  may  be  allotted  to  a  Court, 
Board,  5[Labour  Court,  Tribunal  or  National  Tribunal]  and  the 
salaries  and  allowances  payable 
to  members  of  such 
establishment; 
the manner in which and the persons by and to whom notice of 
strike  or  lock-out  may  be  given  and  the  manner  in  which  such 
notices shall be communicated; 
the  conditions  subject  to  which  parties  may  be  represented  by 
legal practitioners in proceedings under this Act before a Court, 
6[Labour Court, Tribunal or National Tribunal]; 
any other manner which is to be or may be prescribed. 
(3) Rules made under this section may provide that a contravention thereof 

(d) 

(g) 

(e) 

(f) 

shall be punishable with fine not exceeding fifty rupees. 

7[(4)  All  rules  made  under  this  section  shall,  as  soon as  possible  after  they 
are  made,  be  laid  down  before  the  State  Legislature  or,  where  the  appropriate 
Government is the Central Government, before both the Houses of Parliament.] 

8[(5) Every rule made by the Central Government under this section shall be 
be laid, as soon as may be after it is made, before each House of Parliament while 
it  is  in  session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  9[two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid] 

1   Ins. by Act No.36 of 1956 (w.e.f. 10.3.1957) 
2   Ins. by Act No.36 of 1964 (w.e.f. 15.12.1964) 
3   Ins. by Act 46 of 1982. 
4   Subs. by Act 36 of 1956, sec. 26, for “Boards and Tribunals” (w.e.f. 10.3.1957). 
5   Subs. by Act 36 of 1956, sec. 24, for “or Tribunal” (w.e.f. 10.3.1957). 
6   Ins. by Act 36 of 1956, sec. 26 (w.e.f. 10.3.1957). 
7   Ins. by Act 36 of 1956, sec. 26 (w.e.f. 10.3.1957). 
8   Ins. by Act 36 of 1956, sec. 20 (w.e.f. 19.12.1964). 
9   Subs. by Act No. 32 of 1976 , sec. 5, for certain words (w.e.f. 5.3.1976). 

 
 
                            
44 

The Industrial Disputes Act, 1947 

Schedule 39 

both Houses agree in making any modifications in the rule, or both Houses agree 
that  the  rule  should  not  be  made,  the  rule  shall  thereafter  have  effect  only  in 
such modified form or be of no effect, as the case may be; so, however, that any 
such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule.] 

1[39.  Delegation  of  powers.-  The  appropriate  Government  may,  by 
notification in the Official  Gazette, direct that any power exercisable by it under 
this Act or rules made thereunder shall, in relation to such matters and subject 
to  such  conditions,  if  any,  as  may  be  specified  in  the  direction,  be  exercisable 
also,-- 

 (a)  

 (b)  

where  the  appropriate  Government  is  Central  Government,  by 
such officer or authority subordinate to the Central Government 
or  by  the  State  Government,  or  by  such  officer  or  authority 
subordinate to the State Government, as may be specified in the 
notification; and 
where  the  appropriate  Government  is  a  State  Government  by 
such officer or authority subordinate to the State Government as 
may be specified in the notification.] 

2[40. Power to amend Schedules.- (1) The appropriate Government may, if 
it is of opinion that it is expedient or necessary in the public interest so to do, by 
notification  in  the  Official  Gazette,  add  to  the  First  Schedule  any  industry,  and 
on any such notification being issued, the First Schedule shall be deemed to  be 
amended accordingly. 

 (2) The Central Government may, by notification in the Official Gazette, add 
to or alter or amend the Second Schedule or the Third Schedule and on any such 
notification being issued, the Second Schedule or the Third Schedule, as the case 
may be, shall be deemed to be amended accordingly. 

 (3)  Every  such  notification  shall,  as  soon  as  possible  after  it  is  issued,  be 
laid  before  the  Legislature  of  the  State,  if  the  notification  has  been  issued  by  a 
State Government, or before Parliament, if the notification has been issued by the 
Central Government.]  
Schedule 

3[THE FIRST SCHEDULE  
[SEE SECTION 2(N) (VI)] 

Industries which may be declared to be Public Utility Services under 

sub-clause (vi) of clause (n) of section 2 

Transport  (other  than  railways)  for  the  carriage  of  passengers  or  goods, 
4[by land or water]; 
Banking; 
Cement; 
Coal; 
Cotton textiles; 
Food stuffs; 
Iron and Steel; 
Defence establishments; 

1. 

2. 
3. 
4. 
5. 
6. 
7. 
8. 

1   Subs. by Act No. 36 of 1956 (w.e.f. 10.3.1957) 
2   Subs. by Act No. 36 of 1956. (w.e.f. 10.3.1957) 
3   Subs. by Act 36 of 1956, sec. 29, for the Schedule (w.e.f. 10.3.1957). 
4   Subs. by Act 36 of 1964, sec. 22 for “by land, water or air” (w.e.f. 19.12.1964). 

 
 
 
 
                            
 
Schedule  

The Industrial Disputes Act, 1947 

45 

Service in hospitals and dispensaries; 
Fire Brigade Service; 
India Government Mints; 
India Security Press;] 

9. 
10. 
1[11.  
12. 
2[13.   Copper Mining; 
14.  
15.  
3[16.  
4[17.   Service in any oilfield;] 

Lead Mining; 
Zinc Mining;] 
Iron Ore Mining;] 

Security Paper Mill, Hoshangabad;] 

5[***]. 
6[19.   Service in the Uranium Industry;] 
7[20.   Pyrites Mining; 
21.  
8[22.   Services in the Bank Note Press, Dewas;] 
9[23.   Phosphorite Mining;] 
10[24.   Magnesite Mining;] 
11[25.   Currency Note Press;] 
12[26.  Manufacture or production of mineral oil (crude oil), motor and aviation 
spirit, diesel oil, Kerosene oil, fuel oil, diverse hydrocarbon oils and their 
blends including synthetic fuels, lubricating oils and the like;] 

13[27.   Service in the International Airports Authority of India.] 
14[28.   Industrial establishments manufacturing or producing Nuclear Fuel and 

components, Heavy Water and Allied Chemicals and Atomic Energy.]]  

15[29.   Processing  or  Production  of  Fuel  Gases  (Coal  Gas,  Natural  Gas  and  the 

like).] 

THE SECOND SCHEDULE 
(SEE SECTION 7) 

1. 

2. 
3. 

4. 

Matters within the Jurisdiction of Labour Courts 

The  propriety  or  legality  of  an  order  passed  by  an  employer  under  the 
standing orders; 
The application and interpretation of standing orders; 
Discharge or dismissal of workmen including re-instatement of, or grant 
of relief to, workmen wrongfully dismissed; 
Withdrawal of any customary concession or privilege; 

1   Ins. by S. O. 2193, dated 30th June, 1965. 
2   Added by S.O. 1444, dated 3rd May, 1966. 
3   Ins. by S. O. 726, dated 25th February, 1967. 
4   Ins. by S. O. 1776, dated 10th May, 1967. 
5   Entry 18 omitted by Act 45 of 1971, sec 7 (w.e.f. 15-12-1971). 
6   Ins. by S.O. 1471, dated 10th April, 1968. 
7 
Ins. by S. O. 2061, dated 30th May, 1970. 
8   Ins. by S. O. 4697, dated 26th November, 1976. 
9 
Ins. by S. O. 47, dated 17th December, 1976. 
10  Ins. by S. O. 2474, dated 4th September, 1980. 
11  Ins. by S. O. 946, dated 7th March, 1981. 
12  Ins. by S. O. 4207, dated 20th November, 1984. 
13  Ins. by S. O. 1919, dated 8th July, 1987. 
14  Ins. by S. O. 967, dated 8th April, 1995. 
15  Added by S. O. 997 (E), dated 29th August, 2003. 

 
 
 
 
                            
46 

5. 
6. 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 

1. 
2. 

3. 
4. 
5. 
6. 

7. 
8 
9. 

10. 

11. 

The Industrial Disputes Act, 1947 

Schedule  

Illegality or otherwise of a strike or lock-out; and 
All matters other than those specified in the Third Schedule.] 

THE THIRD SCHEDULE 
(SEE SECTION 7A) 

Matters within the Jurisdiction of Industrial Tribunals 

Wages, including the period and mode of payment; 
Compensatory and other allowances; 
Hours of work and rest intervals; 
Leave with wages and holidays; 
Bonus, profit sharing, provident fund and gratuity; 
Shift working otherwise than in accordance with standing orders; 
Classification by grades; 
Rules of discipline; 
Rationalisation; 
Retrenchment of workmen and closure of establishment; and 
Any other matter that may be prescribed.] 

THE FOURTH SCHEDULE 
(SEE SECTION 9A) 

Conditions of Service for change of which Notice is to be given 

Wages, including the period and mode of payment; 
Contribution paid, or payable, by the employer to any provident fund or 
pension  fund  or  for  the  benefit  of  the  workmen  under  any  law  for  the 
time being in force; 
Compensatory and other allowances; 
Hours of work and rest intervals; 
Leave with wages and holidays; 
Starting  alteration  or  discontinuance  of  shift  working  otherwise  than  in 
accordance with standing orders; 
Classification by grades; 
Withdrawal of any customary concession or privilege or change in usage; 
Introduction  of  new  rules  of  discipline,  or  alteration  of  existing  rules, 
except in so far as they are provided in standing orders; 
Rationalisation,  standardisation  or  improvement  of  plant  or  technique 
which is likely to lead to retrenchment of workmen; 
Any increases or reduction (other than casual) in the number of persons 
employed or to be employed in any occupation or process or department 
or shift, 1[not occasioned by circumstances over which the employer has 
no control].] 

2[THE FIFTH SCHEDULE 
(SEE SECTION 2(RA)] 
UNFAIR LABOUR PRACTICES 

I. —ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS 

1.  To  interfere  with,  restrain  from,  or  coerce,  workmen  in  the  exercise  of 
their right to organise, form, join or assist a trade union or to engage in concerted 
activities  for  the  purposes  of  collective  bargaining  or  other  mutual  aid  or 
protection, that is to say—  

(a) 

threatening  workmen  with  discharge  or  dismissal,  if  they  join  a 
trade union; 

1   Subs. by Act 36 of 1964, sec. 23 for “not due to forced matters” (w.e.f. 19.12.1964). 
2   Ins. by Act 46 of 1982, sec. 23 (w.e.f. 21-8-1984). 

 
 
 
                            
Schedule  

The Industrial Disputes Act, 1947 

47 

(b) 
(c) 

threatening a lock-out or closure, if a trade union is organised; 
granting  wage  increase  to  workmen  at  crucial  periods  of  trade 
union organisation, with a view to undermining the efforts of the 
trade union organisation. 

2. To dominate, interfere with or contribute support, financial or otherwise, 

to any trade union, that is to say— 

(a) 

(b) 

an employer taking an active interest in organising a trade union 
of his workmen; and 
an  employer  showing  partiality  or  granting  favour  to  one  of 
several  trade  unions  attempting  to  organise  his  workmen  or  to 
its members, where such a trade union is not a recognised trade 
union. 

3. To establish employer sponsored trade unions of workmen. 
4.  To  encourage  or  discourage  membership  in  any  trade  union  by 

discriminating against any workman, that is to say— 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

discharging  or  punishing  a  workman,  because  he  urged  other 
workmen to join or organise a trade union; 
discharging  or  dismissing  a  workman  for  taking  part  in  any 
strike (not being a strike which is deemed to be an illegal strike 
under this Act); 
changing  seniority  rating  of  workmen  because  of  trade  union 
activities; 
refusing to promote workmen to higher posts on account of their 
trade union activities; 
giving  unmerited  promotions  to  certain  workmen  with  a  view  to 
creating  discord  amongst  other  workmen,  or  to  undermine  the 
strength of their trade union;  
discharging  office-bearers  or  active  members  of  the  trade  union 
on account of their trade union activities.  

5. To discharge or dismiss workmen— 

(a) 
(b) 

(c) 

(d) 
(e) 
(f) 

(g) 

by way of victimisation; 
not in good faith, but in the colourable exercise of the employer‟s 
rights; 
by  falsely  implicating  a  workman  in  a  criminal  case  on  false 
evidence or on concocted evidence; 
for patently false reasons; 
on untrue or trumped up allegations of absence without leave;  
in  utter  disregard  of  the  principles  of  natural  justice  in  the 
conduct of domestic enquiry or with undue haste; 
for misconduct of a minor or technical character, without having 
any regard to the nature of the particular misconduct or the past 
record  or  service  of  the  workman,  thereby  leading  to  a 
disproportionate punishment. 

6.  To  abolish  the  work  of  a  regular  nature  being done  by  workmen, and  to 

give such work to contractors as a measure of breaking a strike. 

7.  To  transfer  a  workman  mala  fide  from  one  place  to  another,  under  the 

guise of following management policy. 

8.  To  insist  upon  individual  workmen,  who  are  on  a  legal  strike  to  sign  a 

good conduct bond, as a pre-condition to allowing them to resume work. 

9. To show favouritism or partiality to one set of workers regardless of merit. 

 
 
48 

The Industrial Disputes Act, 1947 

Schedule  

10. To employ workmen as “badlis”, casuals or temporaries and to continue 
them  as  such  for  years,  with  the  object  of  depriving  them  of  the  status  and 
privileges of permanent workmen.  

11. To  discharge  or  discriminate  against  any  workman  for  filing  charges  or 
testifying  against  an  employer  in  any  enquiry  or  proceeding  relating  to  any 
industrial dispute. 

12. To recruit workmen during a strike which is not an illegal strike. 
13. Failure to implement award, settlement or agreement. 
14. To indulge in acts of force or violence. 
15. To refuse to bargain collectively, in good faith with the recognised trade 

unions.  

16. Proposing or continuing a lock-out deemed to be illegal under this Act.  

II.—ON THE PART OF WORKMEN AND TRADE UNION OF WORKMEN. 
1.  To advise or actively support or instigate any strike deemed to be illegal 

under this Act. 

2.  To coerce workmen in the exercise of their right to self-organisation or to 

join a trade union or refrain from joining any trade union, that is to say—  

(a) 

(b) 

for a trade union or its members to picketing in such a manner 
that non-striking workmen are physically debarred from entering 
the work places; 
to  indulge  in  acts  of  force  or  violence  or  to  hold  out  threats  of 
intimidation  in  connection  with  a  strike  against  non-striking 
workmen or against managerial staff. 

3. For a recognised union to refuse to bargain collectively in good faith with 

the employer. 

4.  To  indulge  in  coercive  activities  against  certification  of  a  bargaining 

representative.  

5.  To stage, encourage or instigate such forms of coercive actions as wilful 
“go slow”, squatting on the work premises after working hours or “gherao” of any 
of the members of the managerial or other staff. 

6.  To  stage  demonstrations  at  the  residences  of  the  employers  or  the 

managerial staff members. 

7.  To  incite  or  indulge  in  wilful  damage  to  employer‟s  property  connected 

with the industry. 

8.  To  indulge  in  acts  of  force  or  violence  or  to  hold  out  threats  of 
intimidation  against  any  workman  with  a  view  to  prevent  him  for  attending 
work.] 

 
 
 
 
 
 
Rule 5 

The Industrial Tribunal (Procedure)  
Rules, 1949 

49 

THE INDUSTRIAL TRIBUNAL (PROCEDURE)  
RULES, 19491 

Rule 

In  exercise  of  the  power  conferred  by  section  38  of  the  Industrial  Disputes 
Act,  1947  (14  of  1947),  the  Central  Government  makes  the  following  rules,  the 
same  having  been  published  as  required  by  sub-section  (1)  of  the  said  section, 
namely:-  

1.  These  rules  may  be  called  The  Industrial  Tribunal  (Procedure)  Rules, 

1949. 

2.  The  Industrial  Tribunal  constituted  under  the  Ministry  of  Labour, 
Notification No.LR-2 (205), dated the 13th June, 1949, may entrust such cases or 
matters  referred  to  it  as  it  deems  fit  to  one  or  more  members  for  enquiry  and 
report. 

3.  The  report  under  rules  2  shall  be  submitted  to  the  Chairman  of  the 
Tribunal. The Tribunal may withdraw any case or matter referred to one or more 
members under rule 2 and transfer the same to any other member or members. 

4. The Tribunal shall, after considering the report and making such further 

enquiry as it deems fit, deliver its award. 

5. For the purpose of making any enquiry under these rules the member or 
members,  as  the  case  may  be,  shall  have  all  the  powers  of  the  Tribunal  under 
section 11 and the provisions of rules 14 to 21, 24, 30 and 31 shall apply to such 
enquiry as if the member or members were the Tribunal. 

1   Vide  Ministry  of  Labour,  Notification  No.  LR-2  (245),  dated  3rd  September,  1949, 

published in the Gazette of India, Extra., dated 3rd December, 1949. 

 
 
 
 
 
 
 
 
                            
50 

The Industrial Tribunal (Central Procedure)  
Rules, 1954 

Rule 1 

THE INDUSTRIAL TRIBUNAL (CENTRAL PROCEDURE)  
RULES, 19541 

In exercise of the powers conferred by section 38 of the Industrial Disputes 
Act,  1947  (14  of  1947),  the  Central  Government  hereby  makes  the  following 
Rules, the same having been previously published as required by sub-section (1) 
of the said section namely: 

1.  These  rules  may  be  called  The  Industrial  Disputes  (Central  Procedure) 

Rules, 1954. 

2. In these rules— 

(a) 
(b) 
(c) 
(d) 
(e) 

“the Act” means the Industrial Disputes Act, 1947 (14 of 1947); 
“Chairman” means the Chairman of the Tribunal; 
“member” means a member of the Tribunal; 
“section” means a section of the Act; 
“Tribunal”  means  the  Industrial  Tribunal  constituted  under 
section 7 consisting of two or more members. 

2[3. In the case of a Tribunal where it consists of two or more members, the 
Chairman may sit alone or with one or more members to hear an application or 
complaint  in  writing  under  section  33  or  section  33A,  as  the  case  may  be,  for 
inquiry and report to the Tribunal or entrust any such application or complaint 
to one or more members, as he deems fit, for such enquiry and report. 

4. The Chairman may withdraw any case or matters referred to one or more 
members, under rule 3 and transfer the same to himself or any other member or 
members.   

5.  The  report  under  rule  3,  where  the  enquiry  is  made  by  one  or  more 
members,  shall  be  submitted  to  the  Chairman  and  where  the  enquiry  is  by  the 
Chairman  sitting  alone  or  with  one  or  more  members,  the  report  shall  be 
submitted to the Tribunal:  

Provided  that  in  all  cases, the  final  order  on  such application  or  complaint 
shall  be  passed  by  the  Tribunal  after  taking  into  consideration  the  report 
submitted to it by the Chairman sitting singly or with one or more members or by 
any other member or members.  

6.  The  Tribunal  shall,  after  considering  the  report  submitted  to  the 
Chairman under rule 5 and making such further enquiry, if any, as it thinks fit, 
give its decision or award as the case may be. 

7. For the purposes of making an enquiry under these rules  the Chairman 
or  member  or  members,  as  the  case  may  be,  shall  have  all  the  powers  of  the 
Tribunal under section 11 and the provisions of rules 14 to 21, 24, 30 and 31 of 
the  Industrial  Disputes  (Central)  Rules,  1947,  shall  apply  to  such  enquiry  as  if 
the  Chairman  or  member  or  members  by  themselves  constituted  the  Tribunal.]

1   Vide S.R.O. 1793, dated 27th May, 1954, published in the Gazette of India, Extra., Pt. II 

S. 3, p. 925, dated 27th May, 1954. 

2   Subs. by S.R.O. 3534, dated 1st December, 1954. 

 
 
 
 
 
 
 
 
 
 
                            
Rule 2 

The Industrial Disputes (Central) Rules, 1957 

51 

THE INDUSTRIAL DISPUTES (CENTRAL) RULES, 19571 

In exercise of the powers conferred by section 38 of the Industrial Disputes 
Act,  1947  (14  of  1947),  the  Central  Government  hereby  makes  the  following 
rules, the same having been previously published as required by sub-section (1) 
of the said section namely: 

PRELIMINARY 

1.  Title  and  application:-(1)  These  rules  may  be  called  The  Industrial 

Disputes (Central) Rules, 1957. 

(2) They extend to Union territories in relation to all industrial disputes, and 

to the States in relation only to an industrial dispute concerning— 

(a) 

(b) 

(c) 

2[***] 

any industry carried on by or under the authority of the Central 
Government or by a railway company; or 
a  banking  or  an  insurance  company,  a  mine,  an  oilfield,  or  a 
major port; or 
any  such  controlled  industry  as  may  be  specified  under  section 
2(a)(i) of the Act by the Central Government: 

2. Interpretation:-In these rules, unless there is anything repugnant in the 

subject or context:— 
(a) 
(b) 

(c) 

(d) 
(e) 
(f) 

4[(g) 

“Act” means the Industrial Disputes Act, 1947 (14 of 1947); 
“Chairman”  means  the  Chairman  of  a  Board  or  Court  or,  if  the 
Court consists of one person only, such person; 
“Committee”  means  a  Works  Committee  constituted  under  sub-
section (1) of section 3 of the Act; 
“form” means a form in the Schedule to these rules; 
“section” means a section of the Act; 
in relation to an industrial dispute in a Union territory, for which 
the  appropriate  Government 
is  the  Central  Government, 
reference to the Central Government or the Government of India 
shall  be  construed  as  a  reference  to  the  Administrator  of  the 
territory,  and  reference  to  the  Chief  Labour  Commissioner 
(Central),  Regional  Labour  Commissioner  (Central),  3[Assistant 
Labour  Commissioner  (Central)]  shall  be  construed  as  reference 
to  the  appropriate  authority,  appointed  in  that  behalf  by  the 
Administrator of the territory; 
with  reference  to  clause  (g)  of  section  2,  it  is  hereby  prescribed 
that— 
(i) 

in relation to an industry, not being an industry referred 
to in sub-clause (ii), carried on by or under the authority 
of  a  Department  of  the  Central  or  a  State  Government, 
the officer in charge of the industrial establishment shall 
be the „employer‟ in respect of that establishment; and 

1   Vide  S.R.O.  770,  dated  10th  March,  1957,  published  in  the  Gazette  of  India,  Extra., 

dated 10th March, 1957, Pt. II, Sec. 3, pp. 1137/1159. 

2   Proviso omitted by G.S.R. 795, dated 5th June, 1972. 
3   Subs. by G.S.R. 1182, dated 19th October, 1959. 
4   Subs. by G.S.R. 1182, dated 19th October, 1959. 

 
 
 
 
                            
52 

The Industrial Disputes (Central) Rules, 1957 

Rule 3 

(ii) 

in relation to an industry concerning railways, carried on 
by or under the authority of a Department of the Central 
Government,— 
(a) 

(b) 

(c) 

in the case of establishments of a Zonal Railway, 
the General Manager of that Railway shall be the 
„employer‟  in  respect  of  regular  railway  servants 
other than casual labour; 
in the case of an establishment independent of a 
Zonal  Railway,  the  officer  in  charge  of  the 
establishment  shall  be  the  „employer‟  in  respect 
of  regular  railway  servants  other  than  casual 
labour; and 
the  District  Officer-in-charge  or  the  Divisional 
Personnel  Officer  or  the  Personnel  Officer  shall 
be  the  „employer‟  in  respect  of  casual  labour 
employed  in  a  Zonal  Railway  or  any  other 
railway  establishment  independent  of  a  Zonal 
Railway.] 

PART I 
PROCEDURE FOR REFERENCE OF INDUSTRIAL DISPUTES TO BOARDS  
OF CONCILIATION, COURTS OF ENQUIRY, LABOUR COURTS,  
INDUSTRIAL TRIBUNALS OR NATIONAL TRIBUNALS 

3.  Application:-An  application  under  sub-section  (2)  of  section  10  for  the 
reference  of  an  industrial  dispute  to  a  Board,  Court,  Labour  Court,  Tribunal  or 
National  Tribunal  shall  be made  in  Form  A  and  shall  be  delivered  personally  or 
forwarded by registered post 1[to the Secretary to the Government of India in the 
Ministry  of  Labour  and  Employment 
(in  triplicate)],  the  Chief  Labour 
Commissioner  (Central),  New  Delhi,  and  the  Regional  Labour  Commissioner 
(Central),  and  the  Assistant  Labour  Commissioner  (Central)  concerned.  The 
application shall be accompanied by a statement setting forth:— 

(a) 
(b) 
(c) 

(d) 

(e) 

the parties to the dispute; 
the specific matters in disputes; 
the  total  number  of  workmen  employed  in  the  undertaking 
affected; 
an  estimate  of  the  number  of  workmen  affected  or  likely  to  be 
affected by the dispute; and 
the efforts made by the parties themselves to adjust the dispute. 

4.  Attestation  of  application:-The  application  and  the  statement 

accompanying it shall be signed :— 

(a) 

(b) 

2[(c) 

in the case of an employer by the employer himself, or when the 
employer is an incorporated company or other body corporate, by 
the agent, manager or other principal officer of the Corporation; 
in the case of workmen, either by the President and Secretary of 
trade  union  of  the  workmen,  or  by  five  representatives  of  the 
workmen  duly  authorised  in  this  behalf  at  a  meeting  of  the 
workmen held for the purpose; 
in the case of an individual workman, by the workman himself or 
by any officer of the trade union of which he is a member or by 

1   Subs. by G.S.R. 811, dated 3rd July, 1959. 
2   Ins. by G.S.R. 1959, dated 30th May, 1968. 

 
 
 
                            
Rule 8 

The Industrial Disputes (Central) Rules, 1957 

53 

another workman in the same establishment duly authorised by 
him in this behalf: 

Provided that such workman is not a member of a different trade union.] 

5. Notification of appointment of Board, Court, Labour  Court, Tribunal 
or  National  Tribunal:-The  appointment  of  a  Board,  Court,  Labour  Court, 
Tribunal  or  National  Tribunal  together  with  the  names  of  persons  constituting 
the Board, Court, Labour Court, Tribunal or National Tribunal shall be notified in 
the Official Gazette. 

6.  Notice  to  parties  to  nominate  representatives:-(1)  If  the  Central 
Government proposes to appoint a Board, it shall send a notice in Form B to the 
parties requiring them to nominate within a reasonable time persons to represent 
them on the Board. 

(2) The notice to the employer shall be sent to the employer personally or if 
the  employer  is  an  incorporated  company  or  a  body  corporate,  to  the  agent, 
manager or other principal officer of such company or body. 

(3) The notice to the workmen shall be sent:— 

(a) 

(b) 

in the case of workmen who are members of a trade union, to the 
President or Secretary of the trade union; and 
in the case of workmen who are not members of a trade union, to 
any  one  of  the  five  representatives  of  the  workmen  who  have 
attested  the  application  made  under  rule  3;  and  in  this  case  a 
copy  of  the  notice  shall  also  be  sent  to  the  employer  who  shall 
display copies thereof on notice boards in a conspicuous manner 
at the main entrance to the premises of the establishment. 

PART II 
ARBITRATION AGREEMENT 

7. Arbitration Agreement:-An arbitration agreement for the reference of an 
industrial  dispute  to  an  arbitrator  or  arbitrators  shall  be  made  in  Form  C  and 
shall be delivered personally or forwarded by registered post 1[to the Secretary to 
the  Government  of  India  in  the  Ministry  of  Labour,  (in  triplicate)]  the  Chief 
Labour  Commissioner 
the  Regional  Labour 
(Central),  New  Delhi,  and 
Commissioner  (Central)  and  the  [Assistant  Labour  Commissioner  (Central)] 
concerned. The agreement shall be accompanied by the consent, in writing, of the 
arbitrator or arbitrators. 

8.  Attestation  of  the  Arbitration  Agreement:-The  arbitration  agreement 

shall be signed:— 
(a) 

in the case of an employer, by the employer himself, or when the 
employer  is  an  incorporated  Company  or  other  body  corporate, 
by  the  agent,  manager,  or  other  principal  officer  of  the 
Corporation. 
in the case of the workmen, by any officer of a trade union of the 
workmen  or  by  representatives  of  the  workmen  duly  authorised 
in this behalf at a meeting of the workmen held for the purpose. 
in the case of an individual workman, by the workman himself or 
by  any  officer  of  a  trade  union  of  which  he  is  member  or  by 

2[(b) 

3[(c) 

1   Subs. by G.S.R. 398, dated 21st March, 1959. 
2   Subs. by G.S.R. 398, dated 21st March, 1959. 
3   Ins. by G.S.R. 1059, dated 30th May, 1968. 

 
 
 
 
 
                            
54 

The Industrial Disputes (Central) Rules, 1957 

Rule 8A 

another workman in the same establishment duly authorised by 
him in this behalf: 

Provided that such workman is not a member of a different trade union] 
Explanation:-In  this  rule  “officer”  means  any  of  the  following  officers, 

namely:- 

(a) 
(b) 
(c) 
(d) 
(e) 

the President; 
the Vice-President; 
the Secretary (including the General Secretary); 
a Joint Secretary; 
any other officer of the trade union authorised in this behalf by 
the President and Secretary of the Union. 

1[8A.  Notification  regarding  arbitration  agreement  by  majority  of  each 
party:-Where  an  industrial  dispute  has  been  referred  to  arbitration  and  the 
Central Government is satisfied that the persons making the reference represent 
the  majority  of  each  party,  it  shall  publish  a  notification  in  this  behalf  in  the 
Official  Gazette  for  the  information  of  the  employers  and  workmen  who  are  not 
parties to the arbitration agreement but are concerned in the dispute.] 

PART III 
POWERS, PROCEDURE AND DUTIES OF CONCILIATION OFFICERS,  
BOARDS, COURTS, LABOUR COURTS, TRIBUNALS,  
NATIONAL TRIBUNALS AND ARBITRATORS 

9.  Conciliation  proceedings 

in  public  utility  service:-2[(1)]  The 
Conciliation Officer, on receipt of a notice of a strike or lockout given under rule 
71  or  rule  72,  shall  forthwith  arrange  to  interview  both  the  employer  and  the 
workmen concerned with the dispute at such places and at such times as he may 
deem  fit  and  shall  endeavour  to  bring  about  a  settlement  of  the  dispute  in 
question. 

3[(2) Where  the Conciliation Officer receives no notice  of a strike or  lockout 
under  rule  71  or  rule  72  but  he  considers  it  necessary  to  intervene  in  the 
dispute,  he  may  give  formal  intimation  in  writing  to  the  parties  concerned 
declaring  his  intention  to  commence  conciliation  proceedings  with  effect  from 
such date as may be specified therein.] 

10.  Conciliation  proceedings  in  non-public  utility  service:-Where  the 
Conciliation  Officer  receives  any  information  about  an  existing  or  apprehended 
industrial dispute which does not relate to public utility service and he considers 
it necessary to intervene in the dispute, he shall give formal intimation in writing 
to  the  parties  concerned  declaring  his  intention  to  commence  conciliation 
proceedings with effect from such date as may be specified therein. 

4[10A.  Parties  to  submit  statements:-The  employer  or  the  party 
representing  workmen  5[or  in  the  case  of  individual  workman,  the  workman 
himself] involved in an industrial dispute shall forward a statement setting forth 
the specific matters in dispute to the Conciliation Officer concerned wherever his 
intervention in the dispute is required.] 

1   Ins. by G.S.R. 488, dated 16th March, 1965. 
2   The  original  rule  9  re-numbered  as  sub  rule  (1)  by  G.S.R.  1220,  dated  7th  October, 

1960. 

3   Added by G.S.R. 1220, dated 7th October, 1960. 
4   Subs. by G.S.R. 857, dated 22nd June, 1961. 
5   Ins. by G.S.R. 1059, dated 30th May, 1968. 

 
 
 
 
 
                            
Rule 10B 

The Industrial Disputes (Central) Rules, 1957 

55 

1[10B.  Proceeding  before  the  Labour  Court,  Tribunal  or  National 
Tribunal:-(1)  While  referring  an  industrial  dispute  for  adjudication  to  a  Labour 
Court,  Tribunal  or  National  Tribunal,  the  Central  Government  shall  direct  the 
party  raising  the  dispute  to  file  a  statement  of  claim  complete  with  relevant 
documents,  list  of  reliance  and  witnesses  with  the  Labour  Court,  Tribunal  or 
National Tribunal within fifteen days of the receipt of the order of reference and 
also forward a copy of such statement to each one of the opposite parties involved 
in the dispute. 

(2)  The  Labour  Court,  Tribunal  or  National  Tribunal after  ascertaining  that 
copies of statement of claim are furnished to the other side by party raising the 
dispute shall fix the first hearing on a date not beyond one month from the date 
of receipt of the order of reference and the opposite party or parties shall file their 
written statement together with documents, list of reliance and witnesses within 
a period of 15 days from the date of first hearing and simultaneously forward  a 
copy thereof to the other party. 

(3) Where the Labour Court, Tribunal or National Tribunal, as the case may 
be,  finds  that  the  party  raising  the  dispute  though  directed  did  not  forward  the 
copy  of  the  statement  of  claim  to  the  opposite  party  or  parties,  it  shall  give 
direction  to  the  concerned  party  to  furnish  the  copy  of  the  statement  to  the 
opposite  party  or  parties  and  for  the  said  purpose  or  for  any  other  sufficient 
cause, extend the time-limit for filing the statement under sub-rule (1) or written 
statement under sub-rule (2) by an additional period of 15 days. 

(4) The party raising a dispute may submit a rejoinder if it chooses to do so, 
to the written statement(s) by the appropriate party or parties within a period of 
fifteen days from the filing of written statement by the latter. 

(5)  The  Labour  Court,  Tribunal  or  National  Tribunal,  as  the  case  may  be, 
shall  fix  a  date  for  evidence  within  one  month  from  the  date  of  receipt  of  the 
statements,  documents,  list  of  witnesses,  etc.,  which  shall  be  ordinarily  within 
sixty days of the date on which the dispute was referred for adjudication. 

(6) Evidence shall be recorded either in Court or by affidavit but in the case 
of  affidavit  the  opposite  party  shall  have  the  right  to  cross-examine  each  of  the 
deponents filing the affidavit. As  the oral examination of each witness proceeds, 
the  Labour  Court,  Tribunal  or  National  Tribunal  shall  make  a  memorandum  of 
the substance of what is being deposed. While recording the evidence, the Labour 
Court, Tribunal or National Tribunal shall follow the procedure laid down in rule 
5  of  order  XVIII  of  the  First  Schedule  to  the  Code  of Civil  Procedure,  1908  (5  of 
1908). 

(7) On completion of evidence either arguments shall be heard immediately 
or a date shall be fixed for arguments/oral hearing which shall not be beyond a 
period of fifteen days from the close of evidence. 

(8)  The  Labour  Court,  Tribunal  or  National  Tribunal,  as  the  case  may  be, 
shall not ordinarily grant an adjournment for a period exceeding a week at a time 
but  in  any  case  not  more  than  three  adjournments  in  all  at  the  instance  of  the 
parties to the dispute: 

Provided that the Labour Court,  Tribunal or  National Tribunal, as the case 
may  be,  may  for  reasons  to  be  recorded  in  writing,  grant  an  adjournment 
exceeding a week at a time but in any case not more than three adjournments at 
the instance of any one of the parties to the dispute. 

1   Subs. by G.S.R. 932, dated 18th August, 1984. 

 
 
 
                            
56 

The Industrial Disputes (Central) Rules, 1957 

Rule 11 

(9)  In  case  any  party  defaults  or  fails  to  appear  at  any  stage  the  Labour 
Court, Tribunal or National Tribunal, as the case may be, may  proceed with the 
reference  ex  parte  and  decide  the  reference  application  in  the  absence  of  the 
defaulting party: 

Provided  that  the  Labour Court,  Tribunal or National Tribunal, as the case 
may be, may on the application of either party filed before the submission of the 
award revoke the order that the case shall proceed ex-parte, if it is satisfied that 
the absence of the party was on justifiable grounds. 

(10)  The  Labour  Court,  Tribunal  or  National  Tribunal,  as  the  case  may  be, 
shall  submit  its  award  to  the  Central  Government  within  one  month  from  the 
date  of  oral  hearing/arguments  or  within  the  period  mentioned  in  the  order  of 
reference, whichever is earlier. 

(11) In respect of reference under section 2A, the Labour Court, Tribunal or 
National Tribunal, as the case may be, shall ordinarily submit its awards within 
a period of three months: 

Provided that the Labour Court, Tribunal or National Tribunal may, as and 
when necessary, extend the period of three months and shall record its reasons 
in  writing  to  extend  the  time  for  submission  of  the  award  for  another  specified 
period.] 

11.  The  Conciliation  Officer  may  hold  a  meeting  of  the  representatives  of 

both parties jointly or of each party separately. 

12. The Conciliation Officer shall conduct the proceedings expeditiously and 

in such manner as he may deem fit. 

13.  Place  and  time  of  hearing:-1[Subject  to  the  provisions  contained  in 
rules  10A  and  10B,  the  sittings  of  a  Board,  Court,  Labour  Court,  Tribunal  or 
National Tribunal or of an Arbitrator] shall be held at such times and places as 
the Chairman or the Presiding Officer or the Arbitrator, as the case may be, may 
fix  and  the  Chairman,  Presiding  Officer  or  Arbitrator,  as  the  case  may  be,  shall 
inform the parties of the same in such manner as he thinks fit. 

14. Quorum for Boards and Courts:-The quorum necessary to constitute a 

sitting of a Board or Court shall be as follows: 

(i) 

(ii) 

In the case of a Board— 
where the number of members is 3 
where the number of members is 5 
In the case of a Court— 
where the number of members is not more than 2 
where the numbers of members is more than 2 but less than 5 
where the number of members is 5 or more 

Quorum 

2 
3 

1 
2 
3 

15. Evidence:-A Board, Court, Labour Court, Tribunal or National Tribunal 
or  an  arbitrator  may  accept,  admit  or  call  for  evidence  at  any  stage  of  the 
proceedings before it/him and in such manner as it/he may think fit. 

16. Administration of oath:-Any member of a Board or Court or presiding 
officer  of  a  Labour  Court.  Tribunal  or  National  Tribunal  or  an  arbitrator  may 
administer an oath. 

1   Ins. by G.S.R. 141, dated 31st December, 1957. 

 
 
 
 
 
 
 
 
 
  
  
 
  
  
  
 
 
 
                            
Rule 22 

The Industrial Disputes (Central) Rules, 1957 

57 

17.  Summons:-A  summons  issued  by  a  Board,  Court,  Labour  Court, 
Tribunal or National Tribunal shall be in Form D and may require any person to 
produce  before  it  any  books,  papers  or  other  documents  and  things  in  the 
possession  of  or  under  the  control  of  such  person  in  any  way  relating  to  the 
matter  under  investigation  or  adjudication  by  the  Board,  Court,  Labour  Court, 
Tribunal or National Tribunal which the Board, Court, Labour Court, Tribunal or 
National  Tribunal  thinks  necessary  for  the  purposes  of  such  investigation  or 
adjudication.  

18. Service of summons or notice:-Subject to the provisions contained in 
rule 20, any notice, summons, process or order issued by a Board, Court, Labour 
Court,  Tribunal,  National  Tribunal  or  an  arbitrator  empowered  to  issue  such 
notice,  summons,  process  or  order,  may  be  served  either  personally  or  by 
registered  post  and  in  the event  of  refusal  by  the party  concerned  to  accept  the 
said  notice,  summons,  process  or  order,  the  same  shall  be  sent  again  under 
certificate of posting. 

19.  Description  of  parties  in  certain  cases:-Where  in  any  proceeding 
before  a  Board,  Court,  Labour  Court,  Tribunal  or  National  Tribunal  or  an 
Arbitrator, there are numerous persons arrayed on any side,  such persons shall 
be described as follows: — 

(1) 

(2) 

all  such  persons  as  are  members  of  any  trade  union  or 
association  shall  be  described by  the name  of  such  trade  union 
or association; and 
all  such  persons  as  are  not  members  of  any  trade  union  or 
association  shall  be  described  in  such  manner  as  the  Board, 
Court,  Labour  Court,  Tribunal,  National  Tribunal  or  Arbitrator, 
as the case may be, may determine. 

20. Manner of service in the case of numerous persons as parties to a 
dispute:-(1)  Where  there  are  numerous  persons  as  parties  to  any  proceeding 
before  a  Board,  Court,  Labour  Court,  Tribunal  or  National  Tribunal  or  an 
Arbitrator and such persons are members of any trade union or association, the 
service of notice on the Secretary, or where there is no Secretary, on the principal 
officer,  of  the  trade  union  or  association  shall  be  deemed  to  be  service  on  such 
persons. 

(2) Where there are numerous persons as parties to any proceedings before 
a Board. Court, Labour Court, Tribunal or National Tribunal or an Arbitrator and 
such  persons  are  not  members  of  any  trade  union  or  association,  the  Board, 
Court, Labour Court, Tribunal, National Tribunal or Arbitrator, as the case may 
be,  shall,  where  personal  service  is  not  practicable,  cause  the  service  of  any 
notice  to  be  made  by  affixing  the  same  at  or  near  the  main  entrance  of  the 
establishment concerned. 

(3)  A  notice  served  in  the  manner  specified  in  sub-rule  (2)  shall  also  be 
considered  as  sufficient  in  the  case  of  such  workmen  as  cannot  be  ascertained 
and found. 

21.  Procedure  at  the  first  sitting:-At  the  first  sitting  of  a  Board,  Court, 
Labour  Court,  Tribunal  or  National  Tribunal,  the  Chairman  or  the  Presiding 
Officer, as the case may be, shall call upon the parties in such order as he may 
think fit to state their case. 

22.  Board,  Court,  Labour  Court,  Tribunal,  National  Tribunal  or 
Arbitrator may proceed  ex parte:-If without sufficient cause being shown, any 

 
 
 
 
 
 
 
58 

The Industrial Disputes (Central) Rules, 1957 

Rule 23 

party  to  proceedings  before  a  Board,  Court,  Labour  Court,  Tribunal,  National 
Tribunal  or  Arbitrator  fails  to  attend  or  to  be  represented,  the  Board,  Court, 
Labour  Court,  Tribunal,  National  Tribunal  or  Arbitrator  may  proceed,  as  if  the 
party had duly attended or had been represented. 

23.  Power  of  entry  and  inspection:-A  Board,  or  Court,  or  any  member 
thereof,  or  a  Conciliation  Officer,  a  Labour  Court,  Tribunal  or  National  Tribunal 
or any person authorised in writing by the Board, Court, Labour Court, Tribunal 
or  National  Tribunal  in  this  behalf  may,  for  the  purposes  of  any  conciliation, 
investigation,  enquiry  or  adjudication  entrusted  to  the  Conciliation  Officer, 
Board, Court, Labour Court, Tribunal or National Tribunal under the Act, at any 
time  between  the  hours  of  sunrise  and  sunset  and  in  the  case  of  a  person 
authorised  in  writing  by  a  Board,  Court,  Labour  Court,  Tribunal  or  National 
Tribunal  after  he  has  given  reasonable  notice,  enter  any  building,  factory, 
workshop,  or  other  place  or  premises  whatsoever,  and  inspect  the  same  or  any 
work, machinery, appliance or article therein or interrogate any person therein in 
respect of anything situated therein or any matter relevant to the subject-matter 
of the conciliation, investigation, enquiry or adjudication. 

24.  Power  of  Boards,  Courts,  Labour  Courts,  Tribunals  and  National 
Tribunals:-In  addition  to  the  powers  conferred  by  the  Act,  Boards,  Courts, 
Labour Courts, Tribunals and National Tribunals shall have the same powers as 
are  vested  in  a  Civil  Court  under  the  Code  of  Civil  Procedure,  1908  (5  of 1908), 
when trying a suit, in respect of the following matters, namely:— 

(a) 
(b) 
(c) 

discovery and inspection; 
granting adjournment; 
reception of evidence taken on affidavit, 

and  the  Board,  Court,  Labour  Court,  Tribunal,  or  National  Tribunal  may 
summon  and  examine  any  person  whose  evidence  appears  to  it  to  be  material 
and shall be deemed to be a Civil Court within the meaning of sections 480 and 
482 of the Code of Criminal Procedure, 1898 (5 of 1898)1. 

25.  Assessors:-Where  assessors  are  appointed  to  advise  a  Tribunal  or 
National Tribunal under sub-section (4) of section 7A or sub-section (4) of section 
7B  or  by  the  Court,  Labour  Court,  Tribunal  or  National  Tribunal  under  sub-
section (5) of section 11, the Court, Labour Court, Tribunal or National Tribunal, 
as the case may be, shall, in relation to proceeding before it, obtain the advice of 
such assessors, but such advice shall not be binding on it. 

26.  Fees  for  copies  of  awards  or  other  documents  of  Labour  Court, 
Tribunal  or  National  Tribunal:-2[(1)  Fees  for  making  a  copy  of  an  award  or  an 
order of a Labour Court, Tribunal or National Tribunal or any document filed in 
any  proceedings  before  a  Labour  Court,  Tribunal  or  National  Tribunal  shall  be 
charged at the rate of Re. 1 per page.] 

(2) For certifying a copy of any such award or order or document, a fee of Re. 

1 shall be payable. 

(3) Copying and certifying fees shall be payable in cash in advance. 
(4) Where a party applies for immediate delivery of a copy of any such award 
or order or document, an additional fee equal to one-half of the fee leviable under 
this rule shall be payable. 

1   Now see the Code of Criminal Procedure, 1973 (2 of 1974. 
2   Subs. by G.S.R. 116, dated 3rd February, 1987. 

 
 
 
 
 
 
                            
Rule 34 

The Industrial Disputes (Central) Rules, 1957 

59 

27. Decision by majority:-All questions arising for decision at any meeting 
of a Board or Court, save where the Court consists of one person shall be decided 
by  a  majority  of  the  votes  of  the  members  thereof  (including  the  Chairman) 
present  at  the  meeting.  In  the  event  of  an  equality  of  votes  the  Chairman  shall 
also have a casting vote. 

1[28.  Correction  of  errors:-A  Board,  Court,  Labour  Court,  Tribunal, 
National  Tribunal  or  Arbitrator  may  at  any  time  correct  any  clerical  mistake  or 
error  arising  from  an  accidental  slip  or  omission  in  any  proceedings,  report, 
award or decision either of its or his own motion or on application of any of the 
parties.] 

29. Right of representatives:-The representatives of the parties appearing 
before  a  Board,  Court,  Labour  Court,  Tribunal  or  National  Tribunal  or  an 
Arbitrator  shall  have  the  right  of  examination,  cross-examination  and  of 
addressing  the  Board,  Court,  Labour  Court,  Tribunal  or  National  Tribunal  or 
Arbitrator when an evidence has been called. 

30.  Proceedings  before  a  Board,  Court,  Labour  Court,  Tribunal  or 
National  Tribunal:-The  proceedings  before  a  Board,  Court,  Labour  Court, 
Tribunal or National Tribunal shall be held in public: 

Provided that the Board, Court, Labour Court, Tribunal or National Tribunal 
may  at  any  stage  direct  that  any  witness  shall  be  examined  or  its  proceedings 
shall be held in camera. 

PART IV 
REMUNERATION OF CHAIRMEN AND MEMBERS OF COURTS, PRESIDING  
OFFICERS OF LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS,  
ASSESSORS AND WITNESSES 

31. Travelling allowance:-The Chairman or a member of a Board or Court, 
or  the  Presiding  Officer  or  an  Assessor  of  a  Labour  Court,  Tribunal  or  National 
Tribunal,  if  a  non-official,  shall  be  entitled  to  draw  travelling  allowance  and 
halting  allowance,  for  any  journey  performed  by  him  in  connection  with  the 
performance of his duties,  at the rates admissible and subject to the conditions 
applicable  to  a  Government  servant  of  the  first  grade  under  the  Supplementary 
Rules issued by the Central Government from time to time. 

32.  Fees:-The  Chairman  and  a member  of  a  Board  or  Court,  the  Presiding 
Officer  and  an  Assessor  of  a  Labour  Court,  Tribunal  or  National  Tribunal 
wherever he is not a salaried officer of Government may be granted such fees as 
may be sanctioned by the Central Government in each case. 

33.  Expenses  of  witnesses:-Every  person  who  is  summoned  and  duly 
attends or otherwise appears as a witness before a Board, Court, Labour Court, 
Tribunal  or  National  Tribunal  or  an  Arbitrator  shall  be  entitled  to  an  allowance 
for  expenses  according  to  the  scale  for  the  time  being  in  force  with  respect  to 
witnesses  in  civil  courts  in  the  State  where  the  investigation,  enquiry, 
adjudication or arbitration is being conducted. 

1   Subs. by G.S.R. 1151, dated 11th October, 1974. 

 
 
 
 
 
 
 
 
                            
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The Industrial Disputes (Central) Rules, 1957 

Rule 34 

PART V 
NOTICE OF CHANGE 

34.  Notice of  Change:-Any  employer  intending  to  effect  any  change  in  the 
conditions of service applicable to any workmen in respect of any matter specified 
in the Fourth Schedule 1[to the Act] shall give notice of such intention in Form E. 
2[The  notice  shall  be  displayed  conspicuously  bt  the  employer  on  a  notice 

board at the main entrance to the establishment in the Manager‟s Office: 

Provided that where any registered trade union of workmen exists, a copy of 
the notice shall also be served by registered post on the secretary of such union]. 

3[***] 

PART VI 
REPRESENTATION OF PARTIES 

36.  Form  of  authority  under  section  36:-The  authority  in  favour  of  a 
person or persons to represent a workman or group of workmen or an employer 
in any proceeding under the Act shall be in Form F. 

37.  Parties  bound  by  acts  of  representative:-A  party  appearing  by  a 

representative shall be bound by the acts of that representative. 

PART VII 
WORKS COMMITTEE 

38. Constitution:-Any employer to whom an order made under sub-section 
(1) of section 3 relates shall forthwith proceed to constitute a Works Committee in 
the manner prescribed in this part. 

39.  Number  of  members:-The  number  of  members  constituting  the 
Committee shall be fixed so as to afford representation to the various categories, 
groups  and  classes  of  workmen  engaged  in,  and  to  the  sections,  shops  or 
departments of the establishment: 

Provided that the total number of members shall not exceed twenty: 
Provided  further  that  the  number  of  representatives  of  the  workmen  shall 

not be less than the number of representatives of the employer. 

40. Representatives of employer:-Subject to the provisions of these rules, 
the  representatives  of  the  employer  shall  be  nominated  by  the  employer  and 
shall,  as  far  as  possible,  be  officials  in  direct  touch  with  or  associated  with  the 
working of the establishment. 

41.  Consultation  with  trade  unions:-(1)  Where  any  workmen  of  an 
establishment  are  members  of  a  registered  trade  union,  the  employer  shall  ask 
the union to inform him in writing— 

(a) 
(b) 

how many of the workmen are members of the union ; and 
how  their  membership  is  distributed  among  the  sections,  shops 
or departments of the establishment. 

(2) Where an employer has reason to believe that the information furnished 
to him under sub-rule (1) by any trade union is false, he may, after informing the 
union,  refer  the  matter  to  the  Assistant  Labour  Commissioner  (Central) 
concerned  for  his  decision;  and  the  Assistant  Labour  Commissioner  (Central)] 
after hearing the parties shall decide the matter and his decision shall be final. 

1   Ins. by G.S.R. 402, dated 31st March, 1960. 
2   Ins. by G.S.R. 402, dated 31st March, 1960. 
3   Rule 35 omitted by G.S.R. 402, dated 31st March, 1960. 

 
 
 
 
 
 
 
                            
Rule 46 

The Industrial Disputes (Central) Rules, 1957 

61 

42.  Groups  of  workmen’s  representatives:-On  receipt  of  the  information 
called for under rule 41, the employer shall provide for the election of workmen‟s 
representatives on the Committee in two groups— 

(1) 

(2) 

those to be elected by the workmen of the establishment who are 
members of the registered trade unions, and 
those to be elected by the workmen of the establishment who are 
not members of the registered trade union or unions, 

bearing  the  same  proportion  to  each  other  as  the  union  members  in  the 
establishment bear to the non-members: 

Provided that where more than half the workmen are members of the union 

or any one of the unions, no such division shall be made: 

Provided  further  that  where  a  registered  trade  union  neglects  or  fails  to 
furnish the information called for under sub-rule (1) or rule 41 within one month 
of the date of the notice requiring it to furnish such information such union shall 
for the purpose of this rule be treated as if it did not exist: 

Provided  further  that  where  any  reference  has  been  made  by  the  employer 
under sub-rule (2) of rule 41, the election shall be held on receipt of the decision 
of the Assistant Labour Commissioner (Central)]. 

43.  Electoral  constituencies:-Where  under  rule  42  the  workmen‟s 
representatives are to be elected in two groups, the workmen entitled to vote shall 
be divided into two electoral constituencies, the one consisting of those who are 
members of a registered trade union and the other of those who are not: 

Provided  that  the  employer  may,  if  he  thinks  fit,  sub-divide  the  1[electoral 
constituency  or  constituencies,  as  the  case  may  be]  and  direct  that  workmen 
shall vote in either by groups, sections, shops or departments. 

44.  Qualification  of  candidates  for  election:-Any  workman  of  not  less 
than  19  years  of  age  and  with  a  service  of  not  less  than  one  year  in  the 
establishment  may  if  nominated  as  provided  in  these  rules,  be  a  candidate  for 
election as a representative of the workmen on the Committee: 

Provided that the service qualification shall not apply to the first election in 

an establishment which has been in existence for less than a year. 

2[Explanation:  A  workman  who  has  put  in  a  continuous  service  of  not  less 
than  one  year  in  two  or  more  establishments  belonging  to  the  same  employer 
shall  be deemed  to have  satisfied  the  service  qualification  prescribed  under  this 
rule.] 

45. Qualifications for voters:-All workmen, 3[***] who are not less than 18 
years of age and who have put in not less than 6 months‟ 4[continuous] service in 
the establishment shall be entitled to vote in the election of the representative of 
workmen. 

5[Explanation:  A  workman  who  has  put  in  a  continuous  service  of  not  less 
than  6  months  in  two  or  more  establishments  belonging  to  the  same  employer 
shall  be deemed  to have  satisfied  the  service  qualification  prescribed  under  this 
rule.] 

1   Subs.by G.S.R. 1253, dated 3rd August, 1966. 
2   Added by G.S.R. 1078, dated 4th August, 1962. 
3   Omitted by G.S.R. 1078, dated 4th August, 1962. 
4   Subs. by G.S.R. 1078, dated 4th August, 1962. 
5   Added by G.S.R. 1078, dated 4th August, 1962. 

 
 
 
 
 
                            
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The Industrial Disputes (Central) Rules, 1957 

Rule 46 

46. Procedure for election:-(1) The employer shall fix a date as the closing 
date  for  receiving  nominations  from  candidates  for  election  as  workmen‟s 
representatives on the Committee. 

(2)  For  holding  the  election,  the  employer  shall  also  fix  a  date  which  shall 
not be earlier than three days and later than [fifteen] days after the closing date 
for receiving nominations. 

(3) The dates so fixed shall be notified at least seven days in advance to the 
workmen and the registered trade union or unions concerned. Such notice shall 
be affixed on the notice board or given adequate publicity amongst the workmen. 
The notice shall specify the number of seats to be elected by the groups, sections, 
shops  or  departments  and  the  number  to  be  elected  by  the  members  of  the 
registered trade union or unions and by the non-members. 

(4)  A  copy  of  such  notice  shall  be  sent  to  the  registered  trade  union  or 

unions concerned. 

47. Nomination of candidates for election:-(1) Every nomination shall be 
made on a nomination paper in form „G‟ copies of which shall be supplied by the 
employer to the workmen requiring them. 

(2)  Each  nomination  paper  shall  be  signed  by  the  candidate  to  whom  it 
relates and attested by at least two other voters belonging to the group, section, 
shop  or  department  the  candidate  seeking  election  will  represent,  and  shall  be 
delivered to the employer. 

48.  Scrutiny  of  nomination  papers:-(1)  On  the  day  following  the  last  day 
fixed for filing nomination papers, the nomination papers shall be scrutinised by 
the  employer  in  the  presence  of  the  candidates  and  the  attesting  persons  and 
those which are not valid shall be rejected. 

(2)  For  the  purpose  of  sub-rule  (1),  a  nomination  paper  shall  be  held  to  be 
not  valid  if  (A)  the  candidate  nominated  is  ineligible  for  membership  under  rule 
44 or (B) the requirements of rule 47 have not been complied with: 

Provided  that  where  a  candidate  or  an  attesting  person  is  unable  to  be 
present at the time of scrutiny, he may send a duly authorised nominee for the 
purpose. 

1[48A. Withdrawal of candidates validly nominated:-Any candidate whose 
nomination for election has been accepted may withdraw his candidature within 
48 hours of the completion of scrutiny of nomination papers]. 

49.  Voting  in  election:-(1)  If  the  number  of  candidates  who  have  been 
validly  nominated  is  equal  to  the  number  of  seats,  the  candidates  shall  be 
forthwith declared duly elected. 

(2) If in any constituency the number of candidates is more than the number 

of seats allotted to it, voting shall take place on the day fixed for election. 

(3) The election shall be held in such manner as may be convenient for each 

electoral constituency. 

(4)  The  voting  shall  be  conducted  by  the  employer,  and  if  any  of  the 
candidates belong to a union such of them as the union may nominate shall be 
associated with the election. 

(5) Every workman entitled to vote at an electoral constituency shall have as 

many votes as there are seats to be filled in the constituency: 

1   Added by G.S.R. 1078, dated 4th August, 1962. 

 
 
 
 
 
 
                            
Rule 54 

The Industrial Disputes (Central) Rules, 1957 

63 

Provided that  each voter shall be entitled to cast only one vote in favour of 

any one candidate. 

50.  Arrangements  for  election:-The  employer  shall  be  responsible  for  all 

arrangements in connection with the election. 

51.  Officers  of  the  Committee:-(1)  The  Committee  shall  have  among  its 
office  bearers  a  Chairman,  a  Vice-Chairman,  a Secretary  and  a  Joint  Secretary. 
The Secretary and the Joint Secretary shall be elected every year. 

1[(2)  The  Chairman  shall  be  nominated  by  the  employer  from  amongst  the 
employer‟s representatives on the Committee and he shall, as far as possible, be 
the head of establishment. 

(2A) The Vice-Chairman shall be elected by the members on the Committee 

representing the workers, from amongst themselves: 

Provided  that  in  the  event  of  equality  of  votes  in  the  election  of  the  Vice-

Chairman, the matter shall be decided by draw of a lot.] 

(3) The Committee shall elect the Secretary and the Joint Secretary provided 
that  where  the  Secretary  is  elected  from  amongst  the  representatives  of  the 
employers, the Joint Secretary shall be elected from amongst the representatives 
of the workmen and vice versa : 

Provided  that  the  post  of  the  Secretary  or  the  Joint  Secretary,  as  the  case 
may be, shall not be held by a representative of the employer or the workmen, for 
two consecutive years: 

2[Provided that the representatives of the employer shall not take part in the 
election  of  the  Secretary  or  Joint  Secretary,  as  the  case  may  be,  from  amongst 
the representatives of the workmen and only the representatives of the workmen 
shall be entitled to vote in such elections.] 

3[(4) In any election under sub-rule (3), in the event of equality of votes, the 

matter shall be decided by a draw of lot.] 

52.  Term  of  office:-4[(1)  The  term  of  office  of  the  representatives  on  the 
Committee  other  than  a  member  chosen  to  fill  a  casual  vacancy  shall  be  two 
years.] 

(2)  A  member  chosen  to  fill  a  casual  vacancy  shall  hold  office  for  the 

unexpired term of his predecessor. 

(3)  A  member  who  without  obtaining  leave  from  the  Committee,  fails  to 
attend three consecutive meetings of the Committee shall forfeit his membership. 

5[53.  Vacancies:-In  the  event  of  workmen‟s  representative  ceasing  to  be  a 
member  under  sub-rule  (3)  of  rule  52  or  ceasing  to  be  employed  in  the 
establishment or in the event of his ceasing to represent the trade or vocation he 
was  representing,  or  resignation  or  death,  his  successor  shall  be  elected  in 
accordance  with  the  provisions  of  this  Part  from  the  same  category,  group, 
section, shop or department to which the member vacating the seat belonged.]  

54.  Power  to  co-opt:-The  Committee  shall  have  the  right  to  co-opt  in  a 
consultative capacity persons employed in the establishment having particular or 

1   Subs. by G.S.R. 1078, dated 4th August, 1962. 
2   Ins. by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 
3   Ins. by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 
4   Subs. by G.S.R. 1078, dated 4th August, 1962. 
5   Subs. by G.S.R. 1151, dated 11th October, 1974. 

 
 
 
 
 
 
 
                            
64 

The Industrial Disputes (Central) Rules, 1957 

Rule 55 

special knowledge of a matter under discussion. Such co-opted member shall not 
be  entitled  to  vote  and  shall  be  present  at  meetings  only  for  the  period  during 
which the particular question is before the Committee. 

55.  Meetings:-(1)  The  Committee  may  meet  as  often  as  necessary  but  not 

less often than once in three months (a quarter). 

(2) The Committee shall, at its first meeting regulate its own procedure. 

56.  Facilities  for  meeting,  etc.:-1[(1)]  The  employer  shall  provide 
accommodation for holding meetings of the Committee. He shall also provide all 
necessary facilities to the Committee and to the members thereof for carrying out 
the work of the Committee. The Committee shall ordinarily meet during working 
hours of the establishment concerned on any working day and the representative 
of the workmen shall be deemed to be on duty while attending the meeting. 

2[(2) The Secretary of the Committee may, with the prior concurrence of the 
Chairman,  put  up  notice  regarding  the  work  of  the  Committee  on  the  notice 
board of the establishment.] 

3[56A.  Submission  of  returns:-The  employer  shall  submit  half-yearly 
returns  as  in  Form  G-I  in  triplicate  to  the  Assistant  Labour  Commissioner 
(Central) concerned not later than the 20th day of the month following the half-
year.] 

57.  Dissolution  of  Works  Committee:-The  Central  Government,  or  where 
the  power  under  section  3  has  been  delegated  to  any  officer  or  authority  under 
section  39,  such  officer  or  authority  may, after  making  such  inquiry  as  it  or  he 
may deem fit, dissolve any Works Committee at any time, by an order in writing, 
if he or it is satisfied that the Committee has not been constituted in accordance 
with these rules or that not less than two-thirds of the number of representatives 
of the workmen have, without any reasonable justification failed to attend three 
consecutive meetings of the Committee or that the Committee has, for any other 
reason, ceased to function: 

Provided  that  where  a  Works  Committee  is  dissolved  under  this  rule,  the 
employer may, and if so required by the Central Government or, as the case may 
be, by such officer or authority shall, take steps to re-constitute the Committee in 
accordance with these rules. 

PART VIII 
MISCELLANEOUS 

58. Memorandum of settlement:-(1)  A settlement arrived at in the course 

of conciliation proceedings or otherwise, shall be in form „H‟. 

(2) The settlement shall be signed by— 

(a) 

4[(b) 

in  the  case  of  an  employer,  by  the  employer  himself,  or  by  his 
authorised  agent,  or  when  the  employer  is  an  incorporated 
company  or  other  body  corporate,  by  the  agent,  manager,  or 
other principal officer of the corporation: 
in the case of the workmen, by any officer of a trade union of the 
workmen  or  by  five  representatives  of  the  workmen  duly 

1   Rules 56 re-numbered as sub-rule (1) thereof by G.S.R. 1078, dated 4th August, 1962. 
2   Added by G.S.R. 1078, dated 4th August, 1962. 
3   Added. by G.S.R. 1078, dated 4th August, 1962. 
4   Subs. by G.S.R. 284, dated 31st March, 1959. 

 
 
 
 
 
 
                            
Rule 60 

The Industrial Disputes (Central) Rules, 1957 

65 

1[(c) 

authorised  in  this  behalf  at  a  meeting  of  the  workmen  held  for 
the purpose;] 
in  the  case  of  the  workman  in  an  industrial  dispute  under 
section 2A of the Act, by the workman concerned.] 

Explanation:  In  this  rule  “officer”  means  any  of  the  following  officers, 

namely:— 
(a) 
(b) 
(c) 
(d) 
(e) 

the President; 
the Vice-President; 
the Secretary (including the General Secretary); 
a Joint Secretary; 
any other officer of the trade union authorised in this behalf by 
the President and Secretary of the Union.] 

(3) Where a settlement is arrived at in the course of conciliation proceeding, 
the  Conciliation  Officer  shall  send  a  report  thereof  to  the  Central  Government 
together  with  a  copy  of  the  memorandum  of  settlement  signed  by  the  parties  to 
the dispute. 

(4) Where a settlement is arrived at between an employer and his workmen 
otherwise  than  in  the  course  of  conciliation  proceeding  before  a  Board  or  a 
Conciliation Officer, the parties to the settlement shall jointly send a copy thereof 
to the Central Government, the Chief Labour Commissioner (Central), New Delhi, 
and  the  Regional  Labour  Commissioner  (Central)  and  to  the  [Assistant  Labour 
Commissioner (Central)] concerned. 

59. Complaints regarding change of conditions of service, etc.:-  (1) 
Every  complaint  under  section  33A  of  the  Act  shall  be  presented  in  triplicate  in 
Form  „I‟  and  shall  be accompanied by  as many  copies  of  the  complaint  as  there 
are opposite parties to the complaint. 

(2)  Every  complaint  under  sub-rule  (1)  shall  be  verified  at  the  foot  by  the 
workmen  making  it  or  by  some  other  persons  proved  to  the  satisfaction  of  the 
Labour  Court,  Tribunal  or  National  Tribunal  to  be  acquainted  with  the  facts  of 
the case. 

(3)  The  person  verifying  shall  specify,  by  references  to  the  numbered 
paragraphs of the complaint, what he verifies of his own knowledge and what he 
verifies upon information received and believed to be true. 

(4)  The  verification  shall  be  signed  by  the  person  making  it  and  shall  state 

the date on which and the place at which it was signed. 

60. Application under section 33:-(1) An employer intending to obtain the 
express  permission  in  writing  of  the  Conciliation  Officer,  Board,  Labour  Court, 
Tribunal or National Tribunal as the case may be, under sub-section (1) or sub-
section  (3)  of  section  33  shall  present  an  application  in  Form  J  in  triplicate  to 
such  Conciliation  Officer,  Board,  Labour  Court,  Tribunal  or  National  Tribunal 
and  shall  file  alongwith  the  application  as  many  copies  thereof  as  there  are 
opposite parties. 

(2)  An  employer  seeking  the  approval  of  the  Conciliation  Officer,  Board, 
Labour  Court,  Tribunal  or  National  Tribunal,  as  the  case  may  be,  of  any  action 
taken by him under clause (A) or clause (B) of sub-section (2) of section 33 shall 
present an application in Form K in triplicate to such Conciliation Officer, Board, 
Labour  Court,  Tribunal  or  National  Tribunal  and  shall  file  alongwith  the 
application as many copies thereof as there are opposite parties. 

1   Ins. by G.S.R. 908, dated 2nd June, 1967. 

 
 
 
 
                            
66 

The Industrial Disputes (Central) Rules, 1957 

Rule 61 

(3)  Every  application  under  sub-rule  (1)  or  sub-rule  (2)  shall  be  verified  at 
the  foot  by  the  employer  making  it  or  by  some  other  person  proved  to  the 
satisfaction of the Conciliation Officer, Board, Labour Court, Tribunal or National 
Tribunal to be acquainted with the facts of the case. 

(4)  The  person  verifying  shall  specify  by  reference  to  the  numbered 
paragraphs of the application, what he verifies of his own knowledge and what he 
verifies upon information received and believed to be true. 

(5)  The  verification  shall  be  signed  by  the  person  making  it  and  shall  state 

the date on which and the place at which it was verified. 

61. Protected workmen:-(1) Every registered trade union connected with an 
industrial  establishment,  to  which  the  Act  applies,  shall  communicate  to  the 
employer before the 1[30th April] every year, the names and addresses of such of 
the officers of the union who are employed in that establishment and who, in the 
opinion of the union, should be recognised as “protected workmen”. Any change 
in the incumbency of any such officer shall be communicated to the employer by 
the union within fifteen days of such change. 

(2) The employer shall, subject to section 33, sub-section (4), recognise such 
workmen  to  be  “protected  workmen”  for  the  purposes  of  sub-section  (3)  of  the 
said section and communicate to the union, in writing, within fifteen days of the 
receipt  of  the  names  and  addresses  under  sub-rule  (1),  the  list  of  workmen 
recognised as protected workmen 2[for the period of twelve months from the date 
of such communication]. 

(3)  Where  the  total  number  of  names  received  by  the  employer  under  sub-
rule (1) exceeds the maximum number of protected workmen, admissible for the 
establishment, under section 33, sub-section (4), the employer shall recognise as 
protected workmen only such maximum number of workmen: 

Provided  that,  where  there  is  more  than  one  registered  trade  union  in  the 
establishment,  the  maximum  number  shall  be  so  distributed  by  the  employer 
among  the  unions  that  the  numbers  of  recognised  protected  workmen  in 
individual  unions  bear  roughly  the  same  proportion  to  one  another  as  the 
membership  figures  of  the  unions.  The  employer  shall  in  that  case  intimate  in 
writing  to  the  President  or  the  Secretary  of  the  union  the  number  of  protected 
workmen allotted to it: 

Provided further that where the number of protected workmen allotted to a 
union  under  this  sub-rule,  falls  short  of  the  number  of  officers  of  the  union 
seeking  protection,  the  union  shall  be  entitled  to  select  the  officers  to  be 
recognised as protected workmen. Such selection shall be made by the union and 
communicated  to  the  employer  within  five  days  of  the  receipt  of  the  employer‟s 
letter. 

(4)  When  a  dispute  arises  between  an  employer  and  any  registered  trade 
union in any matter connected with the recognition of „protected workmen‟ under 
this  rule,  the  dispute  shall  be  referred  to  3[any  Regional  Labour  Commissioner 
(Central)  or]  the  Assistant  Labour  Commissioner  (Central)  concerned,  whose 
decision thereon shall be final. 

1   Subs. by G.S.R. 1283, dated 28th May, 1969. 
2   Ins. by G.S.R. 1283, dated 28th May, 1969. 
3   Ins.by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 

 
 
 
 
                            
Rule 65 

The Industrial Disputes (Central) Rules, 1957 

67 

1[62.  Application  for recovery of  dues:-(1)  Where  any  money  is  due  from 
an  employer  to  a  workman  or  a  group  of  workmen  under  a  settlement  or  an 
award or under the provisions of Chapter V-A or 2[Chapter V-B], the workman or 
the  group  of  workmen,  as  the  case  may  be,  may  apply  in  Form  K-1  for  the 
recovery of the money due: 

Provided that in the case of a person authorised in writing by the workman, 
or in the case of the death of the workman the assignee or heir of the deceased 
workman, the application shall be made in Form K-2. 

(2) Where any workman or a group of workmen is entitled to receive from the 
employer any money or any benefit which is capable of being computed in terms 
of  money,  the  workman  or  the  group  of  the  workmen,  as  the  case may  be,  may 
apply  to  the  specified  Labour  Court  in  Form  K-3  for  the  determination  of  the 
amount due or, as the case may be, the amount at which such benefit should be 
computed:] 

3[Provided  that  in  the  case of  the  death  of  a  workman,  application  shall  be 

made in Form K-4 by the assignee or heir of the deceased workman]. 

63.  Appointment  of  Commissioner:-Where  it  is  necessary  to  appoint  a 
Commissioner under sub-section (3) of section 33C of the Act, the Labour Court 
may  appoint  a  person  with  experience  in  the  particular  industry,  trade  or 
business  involved  in  the  industrial  dispute  or  a  person  with  experience  as  a 
Judge  of  a  Civil  Court,  or  as  a  Stipendiary  Magistrate  or  as  a  Registrar  or 
Secretary of a Labour Court, or Tribunal constituted under any Provincial Act or 
State Act or of a Labour Court, Tribunal or National Tribunal constituted under 
the  Act  or  of  the  Labour  Appellate  Tribunal  constituted  under  the  Industrial 
Disputes (Appellate Tribunal) Act, 1950. 

64.  Fees  for  the  Commissioner,  etc.:-(1)  The  Labour  Court  shall,  after 
consultation with the parties, estimate the probable duration of the enquiry and 
fix  the  amount  of  the  Commissioner‟s  fees  and  other  incidental  expenses  and 
direct the payment thereof, into the nearest treasury, within a specified time, by 
such  party  or  parties  and  in  such  proportion  as  it  may  consider  fit.  The 
Commission  shall  not  issue  until  satisfactory  evidence  of  the  deposit  into  the 
treasury of the sum fixed is filed before the Labour Court: 

Provided  that  the  Labour  Court  may  from  time  to  time  direct  that  any 
further  sum  or  sums  be  deposited  into  the  treasury  within  such  time  and  by 
such parties as it may consider fit: 

Provided  further  that  the  Labour  Court  may  in  its  discretion,  extend  the 

time for depositing the sum into the treasury. 

(2) The Labour Court may, at any time, for reasons to be recorded in writing, 

vary the amount of the Commissioner‟s fees in consultation with the parties. 

(3)  The  Labour  Court  may  direct  that  the  fees  shall  be  disbursed  to  the 

Commissioner in such instalments and on such dates as it may consider fit. 

(4) The undisbursed balance, if any, of the sum deposited shall be refunded 
to the party or parties who deposited the sum in the same proportion as that in 
which it was deposited. 

1   Subs. by G.S.R. 488, dated 16th March, 1965. 
2   Ins. by G.S.R. 1070, dated 23rd July, 1977. 
3   Ins. by G.S.R. 1070, dated 23rd July, 1977 

 
 
 
 
 
                            
68 

The Industrial Disputes (Central) Rules, 1957 

Rule 65 

65.  Time  for  submission  of  report:-(1)  Every  order  for  the  issue  of  a 
Commission shall appoint a date, allowing sufficient time, for the Commissioner 
to submit his report. 

(2) If for any reason the Commissioner anticipates that the date fixed for the 
submission of his report is likely to be exceeded, he shall apply, before the expiry 
of  the  said  date,  for  extension  of  time  setting  forth  grounds  thereof  and  the 
Labour  Court  shall  take  such  grounds  into  consideration  in  passing  orders  on 
the application: 

Provided that the Labour Court may grant extension of time notwithstanding 
that no application for such extension has been received from the Commissioner 
within the prescribed time limit. 

66.  Local  Investigation:-In  any  industrial  dispute  in  which  the  Labour 
Court  deems  a  local  investigation  to  be  requisite  or  proper  for  the  purpose  of 
computing  the  money  value  of  a  benefit,  the  Labour  Court  may  issue  a 
commission  to  a  person  referred  to  in  rule  63  directing  him  to  make  such 
investigation and to report thereon to it. 

67.  Commissioner’s  report:-(1)  The  Commissioner  after  such 
local 
inspection  as  he  deems  necessary  and  after  reducing  to  writing  the  evidence 
taken  by  him,  shall  return  such  evidence  together  with  his  report  in  writing 
signed by him to the Labour Court. 

(2) The report of the Commissioner and the evidence taken by him (but not 
the  evidence  without  the  report)  shall  be  evidence  in  the  industrial  dispute  and 
shall form part of the record of the proceedings in the industrial dispute; but the 
Labour Court or, with the  permission of the Labour Court, any of the parties to 
the  industrial  dispute  may  examine  the  Commissioner  personally  before  the 
Labour  Court,  regarding any  of  the matters  referred to  him  or  mentioned  in  his 
report  or  as  to  his  report,  or  as  to  the  manner  in  which  he  had  made  the 
investigation. 

(3)  Where  the  Labour  Court  is  for  any  reason  dissatisfied  with  the 
proceedings of the Commissioner it may direct such further enquiry to be made 
as it shall think fit. 

68.  Powers  of  Commissioner:-Any  Commissioner  appointed  under  these 

rules, may unless otherwise directed by the order of appointment— 

(a) 

(b) 

(c) 

examine the parties themselves and any witnesses whom they or 
any  of  them  may  produce,  and  any  other  person  whom  the 
Commissioner thinks proper to call upon to give evidence in the 
matter referred to him; 
call for and examine documents and other things relevant to the 
subject of enquiry; 
at  any  reasonable  time  enter  upon  or  into  any  premises 
mentioned in the order. 

69. Summoning of witnesses, etc.:-(1)  The  provisions  of  the  Code  of  Civil 
Procedure,  1908  (Act  V  of  1908)  relating  to  the  summoning,  attendance, 
examination  of  witnesses  and  penalties  to  be  imposed  upon  witnesses,  shall 
apply  to  persons  required  to  give  evidence  or  to  produce  documents  before  the 
Commissioner under these Rules. 

(2)  Every  person  who  is  summoned  and  appears  as  a  witness  before  the 
Commissioner shall be entitled to payment by the Labour Court out of  the sum 
deposited  under  rule  64,  of  an  allowance  for  expenses  incurred  by  him  in 

 
 
 
 
 
 
Rule 74 

The Industrial Disputes (Central) Rules, 1957 

69 

accordance  with  the  scale  for  the  time  being  in  force  for  payment  of  such 
allowance to witnesses appearing in the civil courts. 

70.  Representation  of  parties  before  the  Commissioner:-The  parties  to 
the industrial dispute shall appear before the Commissioner, either in person or 
by  any  other  person  who  is  competent  to  represent  them  in  the  proceedings 
before the Labour Court. 

1[70A.  Preservations  of  records  by  the  National  Industrial  Tribunals, 
Industrial  Tribunals  or  Labour  Courts:-(1)  The  records  of  the  National 
Industrial Tribunals, Industrial Tribunals or Labour Courts specified in Column 
1  of  the  Table  below  shall  be  preserved,  for  the  periods  specified  in  the 
corresponding  entry  in  column  2  thereof  after  the  proceedings  are  finally 
disposed of by such National Tribunals, Industrial Tribunals, Labour Courts. 

TABLE 

Records 

(i)  Orders  and 

judgments  of  National 

Industrial 

Tribunals, Industrial Tribunals or Labour Courts 

1 

Number of years 
for which the 
records shall be 
preserved 
2 
10 years 

(ii)  Exhibited  documents 

in 

the  above  mentioned 

10 years 

Tribunals or Courts. 

(iii)  Other papers 

7 years 

(2)  Notwithstanding  anything  contained  in  sub-rule  (1),  the  records  of  the 
National  Industrial  Tribunals,  Industrial  Tribunals  or  Labour  Courts,  connected 
with  writ  petitions,  if  any,  filed  in  the  High  Courts  or  Supreme  Court,  or 
connected with appeals by special leave, if any, filed in the Supreme Court shall 
be  preserved  at  least  till  the  final  disposal  of  such  writ  petitions  or  appeal  by 
special leave.] 

71.  Notice  of  strike:-(1)  The  notice  of  strike  to  be  given  by  workmen  in  a 

public utility service shall be in Form L. 

(2)  On  receipt  of  a  notice  of  a  strike  under  sub-rule  (1),  the  employer  shall 
forthwith  intimate  the  fact  to  the  Conciliation  Officer  having  jurisdiction  in  the 
matter. 

72.  Notice  of  lock-out:-The  notice  of  lock-out  to  be  given  by  an  employer 
carrying  on  a  public  utility  service  shall  be  in  Form  M.  2[The  notice  shall  be 
displayed conspicuously by the employer on a notice board at the main entrance 
to the establishment and in the Manager‟s Office: 

Provided  that  where  a  registered  trade  union  exists,  a  copy  of  the  notice 

shall also be served on the Secretary of the Union.] 

73. Report of lock-out or strike:-The notice of lock-out or strike in a public 
utility  service  to  be  submitted  by  the  employer  under  sub-section  (3)  of  section 
22, shall be in Form N. 

1   Ins. by G.S.R. 931, dated 15th July, 1975 
2   Ins. by G.S.R. 1151, dated 8th October, 1959. 

 
 
 
 
 
 
 
 
 
 
                            
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The Industrial Disputes (Central) Rules, 1957 

Rule 74 

74. Report of notice of strike or lock-out:-The report of notice of a strike 
or lock-out to be submitted by the employer under sub-section (6) of section 22 
shall  be  sent  by  registered  post  or  given  personally  to  the  Assistant  Labour 
Commissioner  (Central)  appointed  for  the  local  area  concerned,  with  copy  by 
registered post to:— 
(1)  

The  Administrative  Department  of  the  Government  of  India 
concerned. 
The Regional Labour Commissioner (Central) for the Zone. 
Chief Labour Commissioner (Central). 
Ministry of Labour of the Government of India. 
Labour Department of the State Government concerned, and  
The District Magistrate concerned. 

(2)  
(3)  
(4)  
(5)  
(6)  

75.  Register  of  settlements:-The  Conciliation  Officer  shall 

file  all 
settlements  effected  under this  Act  in  respect  of  disputes  in  the  area  within  his 
jurisdiction in a register maintained for the purpose as in Form O. 

1[75A.  Notice  of  lay  off:-(1)  If  any  workman  employed  in  an  industrial 
establishment  as  defined  in  the  Explanation  below  section  25A  [not  being  an 
industrial establishment referred to in sub-section (1) of that section] is laid off, 
then,  the  employer  concerned  shall  give  notices  of  commencement  and 
termination of such lay off in Forms O-1 and O-2 respectively within seven days 
of such commencement or termination, as the case may be. 

(2) Such notices shall be given by an employer in every case irrespective of 
whether, in his opinion, the workman laid off is or is not entitled to compensation 
under section 25C.] 

2[75B.  Application  for  permission  for  lay-off  under  section  25M:-(1) 
Application  for  permission  to  lay-off  any  workman  under  sub-section  (1),  or  for 
permission to continue a lay-off under  3[sub-section (3)] of section 25M shall be 
made in Form O-3 and delivered to the authority specified under sub-section (1) 
either  personally  or  by  registered  post  acknowledgement  due  and  where  the 
application is sent by registered post the date on which the same is delivered to 
the  said  authority  shall  be  deemed  to  be  the  date  on  which  the  application  is 
made, for the purposes of 4[sub-section (5)] of the said section. 

5[(2) The application for permission shall be made in triplicate and copies of 
such application shall be served by the employer on the workmen concerned and 
a  proof  to  that  effect  shall  also  be  submitted  by  the  employer  along  with  the 
application.] 

(3)  The  employer  concerned  shall  furnish  to  the  authority  to  whom  the 
application  for  permission  has  been  made  such  further  information  as  the 
authority considers necessary for arriving at a decision on the application, as and 
when called for by such authority, so as to enable the authority to communicate 
the permission or refusal to grant permission within the period specified in 6[sub-
section (5)] of section 25M. 

1   Ins. by G.S.R. 229, dated 22nd February, 1960. 
2   Ins. by G.S.R. 111 (E), dated 5th March, 1976. 
3   Subs. by S.O. 2485, dated 20th May, 1985. 
4   Subs. by S.O. 2485, dated 20th May, 1985. 
5   Ins. by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 
6   Subs. by S.O. 2485, dated 20th May, 1985. 

 
 
 
 
 
                            
Rule 76A 

The Industrial Disputes (Central) Rules, 1957 

71 

(4) Where the permission to lay-off has been granted by the said authority, 
the employer concerned shall give to the Regional Labour Commissioner (Central) 
concerned,  a notice  of  commencement  and  termination  of  such  lay-off  in  Forms 
O-1  and  O-2  respectively  and  where  permission  to  continue  a  lay-off  has  been 
granted  by  the  said  authority,  the  employer  shall  give  to  the  Regional  Labour 
Commissioner (Central) concerned, a notice of commencement of such lay-off in 
Form O-1, in case such a notice has not already been given under sub-rule (1) of 
rule 75A, and a notice of termination of such lay-off in Form O-2. 

(5)  The  notice  of  commencement  and  termination  of  lay-off  referred  to  in 
sub-rule (4) shall be given within the period specified in sub-rule (1) of rule 75A.] 

76.  Notice  of  retrenchment:-If  any  employer  desires  to  retrench  any 
workman employed in his industrial establishment who has been in continuous 
service for not less than one year under him (hereinafter referred to as „workman‟ 
in this rule and in rules 77 and 78), he shall give notice of such retrenchment as 
in  Form  P  to  the  Central  Government,  the  Regional  Labour  Commissioner 
(Central)  and  Assistant  Labour  Commissioner  (Central)  and  the  Employment 
Exchange  concerned  and  such  notice  shall  be  served  on  that  Government,  the 
Regional  Labour  Commissioner  (Central),  the  Assistant  Labour  Commissioner 
(Central),  and  the  Employment  Exchange  concerned,  by  registered  post  in  the 
following manner:— 
(a) 

(b) 

(c) 

where  notice  is  given  to  the  workman,  notice  of  retrenchment 
shall be sent within three days from the date on which notice is 
given to the workman; 
where  no  notice  is  given  to  the  workman  and  he  is  paid  one 
month‟s  wages  in  lieu  thereof,  notice  of  retrenchment  shall  be 
sent  within  three  days  from  the  date  on  which  such  wages  are 
paid; and 
where  retrenchment  is  carried  out  under  an  agreement  which 
specifies  a  date  for  the  termination  of  service,  notice  of 
retrenchment  shall  be  sent  so  as  to  reach  the  Central 
Government,  the  Regional  Labour  Commissioner  (Central),  the 
Assistant  Labour  Commissioner  (Central),  and  the  Employment 
Exchange concerned, at least one month before such date: 

Provided that if the date of termination of service agreed upon is within 30 
days  of  the  agreement,  the  notice  of  retrenchment  shall  be  sent  to  the  Central 
Government, the Regional Labour Commissioner (Central),  the Assistant Labour 
Commissioner  (Central),  and  the  Employment  Exchange  concerned,  within  3 
days of the agreement.] 

1[76A.  Notice  of,  and  application  for  permission  for,  retrenchment:-(1) 
Notice  2[or, as the case may be, the application under] sub-section (1) of section 
25N  for  retrenchment  shall  be  served  in  Form  PA  and  served  on  the  Central 
Government or such authority as may be specified by the Government under the 
said  clause  either  personally  or  by  registered  post  acknowledgement  due  and 
where  the  notice  is  served  by  registered  post,  the  date  on  which  the  same  is 
delivered  to  the  Central  Government  or  the  authority shall  be  deemed  to  be  the 
date  of  service  of  the  notice  for  the  purposes  of  [sub-section  (4)]  of  the  said 
section.  

1   Ins. by G.S.R. 111 (E), dated 5th March, 1976. 
2   Subs. by S.O. 2485, dated 20th May, 1985. 

 
 
 
 
                            
72 

The Industrial Disputes (Central) Rules, 1957 

Rule 76B 

1[2[(2)] The notice or, as the  case may be, the application, shall be made in 
triplicate and copies of such notice, or as the case may be, the application, shall 
be served by the employer on the workmen concerned and a proof to that effect 
shall also be submitted by the employer along with the notice or, as the case may 
be, the application.] 

3[(3)]  The  employer  concerned  shall  furnish  to  the  Central  Government  or 
the  authority  to  whom  the  notice  for  retrenchment  has  been  given  or  the 
application  for  permission  for  retrenchment  has  been  made,  under  sub-section 
(1) of section 25N, such further information as the Central Government or, as the 
case may be, the authority considers necessary for arriving at a decision on the 
notice  or,  as  the  case  may  be,  the  application,  as  and  when  called  for  by  such 
authority  so  as  to  enable  the  Central  Government  or  the  authority  to 
communicate  its  permission  or  refusal  to  grant  permission  within  the  period 
specified in sub-section (4) of section 25N.] 

76B.  Notice  of  closure:-If  an  employer  intends  to  close  down  an 
undertaking  he  shall  give  notice  of  such  closure  in  Form  Q  to  the  Central 
Government, the Regional Labour Commissioner (Central),  the Assistant Labour 
Commissioner (Central), and the Employment Exchange concerned, by registered 
post. 

76C.  Notice  of,  and  application  for  permission  for,  closure:-(1)  Notice 
under sub-section (1) of section 25-O of intended closure shall be given in Form 
Q-A  and  served  on  the  Central  Government  either  personally  or  by  registered 
post acknowledgement due. 

4[A  copy  of  such  application  shall  be  served  simultaneously  by  registered 
post on the President or Secretary of registered trade union(s) functioning in the 
establishment  and  a notice  in  this  regard  shall  also  be  displayed  conspicuously 
by the employer on a notice board at the main entrance to the establishment for 
the  information  of  all  the  concerned  workmen  at  the  same  time  when 
applications are served on the Central Government.] 

5[(2)]  The  notice,  or,  as  the  case  may  be,  the  application  shall  be  made  in 

triplicate. 

6[(3)]  The  employer  concerned  shall  furnish  to  the  Central  Government  to 
whom  the  notice  of  intended  closure  has  been  given  or  the  application  for 
permission  to  close  down  has  been  made,  such  further  information  as  that 
Government  considers  necessary,  for  arriving  at  a  decision  on  the  notice,  or  as 
the case may be, the application, and calls for from such employer.] 

77. Maintenance of seniority list of workmen:-The employer shall prepare 
a  list  of  all  workmen  in  the  particular  category  from  which  retrenchment  is 
contemplated  to  be  arranged  according  to  the  seniority  of  their  service  in  that 
category  and  cause  a  copy  thereof  to  be  pasted  on  a  notice  board  in  a 

1   Sub-rule (3) subs. by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 
2   Sub-rule (3) re-numbered as sub-rule (2) by S.O. 2485, dated 20th May, 1985. 
3   Sub-rule (4) re-numbered as sub-rule (3) by S.O. 2485, dated 20th May, 1985. 
4   Ins. by S.O. 2485, dated 20th May, 1985. 
5   Re-numbered as sub-rules (2) and (3) by S.O. 2485, dated 20th May, 1985. 
6   Re-numbered as sub-rules (2) and (3) by S.O. 2485, dated 20th May, 1985. 

 
 
 
 
 
 
 
                            
Rule 80 

The Industrial Disputes (Central) Rules, 1957 

73 

conspicuous place in the premises of the industrial establishment at least seven 
days before the actual date of retrenchment. 

78.  Re-employment  of  retrenched  workmen:-(1)  At  least  ten  days  before 
the  date  on  which  vacancies  are  to  be  filled,  the  employer  shall  arrange  for  the 
display on a notice board in a conspicuous place in the premises of the industrial 
establishment  details  of  those  vacancies  and  shall  also  give  intimation  of  those 
vacancies by registered post to every one of all the retrenched workmen eligible to 
be considered therefor, to the address given by him at the time of retrenchment 
or at any time thereafter : 

Provided that where the number of such vacancies is less than the number 
of  retrenched  workmen,  it  shall  be  sufficient  if  intimation  is  given  by  the 
employer individually to the senior most retrenched workmen in the list referred 
to in rule 77 the number of such senior most workmen being double the number 
of such vacancies: 

Provided  further  that  where  the  vacancy  is  of  a  duration  of  less  than  one 
month  there  shall  be  no  obligation  on  the  employer  to  send  intimation  of  such 
vacancy to individual retrenched workmen: 

1[Provided also that if a retrenched workman, without sufficient cause being 
shown in writing to the employer, does not offer himself for re-employment on the 
date or dates specified in the intimation sent to him by the employer under this 
sub-rule, the employer may not intimate to him the vacancies that may be filled 
on any subsequent occasion.] 

(2)  Immediately  after  complying  with  the  provisions  of  sub-rule  (1),  the 
employer  shall  also  inform  the  trade  unions  connected  with  the  industrial 
establishment,  of  the  number  of  vacancies  to  be  filled  and  names  of  the 
retrenched workmen to whom intimation has been sent under that sub-rule: 

Provided  that  the  provisions  of  this  sub-rule  need  not  be  complied  with  by 
the  employer  in  any  case where  intimation  is  sent  to  every  one  of  the  workmen 
mentioned in the list prepared under rule 77. 

79.  Penalties:-Any  breach  of  these  rules  shall  be  punishable  with  fine  not 

exceeding fifty rupees. 

80.  Repeal:-The  Industrial  Disputes  (Central)  Rules,  1947,  are  hereby 

repealed : 

Provided  that  any  order  made  or  action  taken  under  the  rules  so  repealed 
shall be deemed to have been made or taken under the corresponding provisions 
of these rules. 

1   Ins. by G.S.R. 40, dated 31st December, 1958. 

 
 
 
 
 
                            
74 

Schedule 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

1[SCHEDULE  
[FORM A 
[SEE RULE 3] 
FORM OF APPLICATION FOR THE REFERENCE OF AN INDUSTRIAL 
DISPUTE TO A BOARD OF CONCILIATION/COURT OF ENQUIRY/ LABOUR 
COURT/TRIBUNAL/ NATIONAL TRIBUNAL UNDER SECTION 10(2) OF THE 
INDUSTRIAL DISPUTES ACT, 1947. 

Whereas  an 

industrial  dispute  ** 

is  apprehended  /exists  between 
………………  and  ……..….…  and  it  is  expedient  the  dispute/investigation  and 
settlement  the  matters  specified  in  the  enclosed  statement  which  are  connected 
with or relevant to the dispute should be referred for **enquiry/adjudication by a 
Board  of  Conciliation/a  Court  of  Enquiry/ a  Labour  Court/  a  Tribunal/  a 
National Tribunal an application is hereby made under sub-section (2) of section 
10  of  the  Industrial  Disputes  Act,  1947,  that  the  **said  matters/said  dispute 
should  be  referred  to  **a  Board  of  Conciliation/ a  Court  of  Enquiry/a  Labour 
Court/ a Tribunal/ a National Tribunal. 

 This  application  is  made  by  the  undersigned  who  have/has  been  duly 
authorised  to  do  so  by  virtue  of  a  resolution  (copy  enclosed)  adopted  by  a 
majority  of  the  members  present  at  a  meeting  of  the  …………held  on  the 
……..20……….. 

A  statement  giving  the  particulars  required  under  rule  3  of  the  Industrial 

Disputes (Central) Rules, 1957, is attached. 

Dated the…………… 

Signature of employer**………………… 
or agent………………………… 
or manager…………………….. 
or principal officer of the 
Corporation..............………… 
Signature of the 
President of the trade union **............. 
Secretary of the trade union ............... 
Or 
**Signature of five representatives 
duly authorised (vide resolution 
enclosed)............................................. 
2[Or 
**Signature of the workman .................. 

Or 
**Signature of the workman in  
the same establishment duly  
authorised (vide authorisation  
enclosed)…………………………] 

To 

The Secretary to the Government of India. 
Ministry of Labour 

1   Subs.by G.S.R. 302, dated April, 1958. 
2   Ins. by G.S.R. 1059, dated 30th May, 1968. 

 
 
  
 
 
 
 
  
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
  
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

75 

Statement required under rule 3 of the Industrial Disputes (Central) Rules, 
1957,  to  accompany  the  form  of  application  prescribed  under  sub-section  (2)  of 
section 10 of the Industrial Disputes Act, 1947: 

(a) 

(b) 
(c) 
(d) 

(e) 

Parties  to  the  dispute  including  the  name  and  address  of  the 
establishment or undertaking involved. 
Specific matters in dispute. 
Total number of workmen employed in the undertaking affected. 
Estimated number of workmen affected or likely to be affected by 
the dispute. 
Efforts made by the parties themselves to adjust the dispute. 

1[Copy to— 

(i) 

(ii) 
(iii) 

The  Assistant  Labour  Commissioner  (Central)............................ 
[here enter office address of the Assistant Labour Commissioner 
(Central) in the local area concerned]; 
The Regional Labour Commissioner (Central); 
The Chief Labour Commissioner (Central), New Delhi.] 

**Delete whichever is not applicable. 

FORM B 
[SEE RULE 6] 

Whereas an industrial dispute has arisen/is apprehended between .....……… 
and .....................and it is expedient to refer the said dispute under section 10 of 
the  Industrial  Disputes  Act,  1947  to  a  Board  of  Conciliation  for  the  purpose  of 
investigating  the  same  and  for  promoting  a  settlement  thereof,  you  are  hereby 
required  to  intimate  to  the  undersigned  not  later  than  the...................... 
.............................. the name(s) and address(es) of one (two) person(s) whom you 
wish to recommend for appointment as your representative(s) on the said Board. 

If  you  fail  to  make  the  recommendation  by  the  date  specified  above,  the 
Central  Government  will  select  and  appoint  such  person(s)  as  it  thinks  fit  to 
represent you. 

Secretary to the Government of India 
Ministry of Labour 

2[FORM C 
[SEE RULE 7] 
AGREEMENT 

[Under section 10A of the Industrial Disputes Act, 1947] 

Names of the Parties. 
Representing employers: 
Representing workmen/workman. 

It is hereby agreed between the parties to refer  the following dispute to  the 
arbitration of ................................... (here specify the name(s) and address(es) of 
the arbitrator(s): 
(i) 
(ii) 

Specific matters in dispute. 
Details  of  the  parties  to  the  dispute  including  the  name  and 
address of the establishment or undertaking involved. 
Name  of  the  workman  in  case  he  himself  is  involved  in  the 
dispute  or  the  name  of  the  union,  if  any,  representing  the 
workman or workmen in question. 
Total number of workmen employed in the undertaking affected. 

(iii) 

(iv) 

1   Ins. by G.S.R. 811, dated 3rd July, 1959. 
2   Subs. by G.S.R. 1059, dated 30th May, 1968. 

 
 
                            
76 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

(v) 

Estimated number of workmen affected or likely to be affected by 
the dispute. 

*We further agree that the majority decisions of the arbitrator(s) be binding 
on us/in case the arbitrators are equally divided in their opinion, that they shall 
appoint another person as umpire whose award shall be binding on us. 

The arbitrator(s) shall make his (their) award within a period of ............(here 
specify  the  period  agreed  upon  by  the  parties)  1[from  the  date  of  publication  of 
this  agreement  in  the  Official  Gazette  by  the  appropriate  Government]  or  within 
such further time as is extended by mutual agreement between us in writing. In 
case  the  award  is  not  made  within  the  period  aforementioned,  the  reference  to 
arbitration  shall  stand automatically  cancelled and  we  shall  be  free  to negotiate 
for fresh arbitration.] 

Signature of the parties. 
Representing employer. 
**Workman/Representing workman/workmen. 

Witnesses. 
(1) 
(2) 

Copy to: 
(i) 

(ii) 
(iii) 
(iv) 

The  Assistant  Labour  Commissioner  (Central),  (here  enter  office 
address of the Conciliation Officer in local area concerned). 
The Regional Labour Commissioner (Central). 
The Chief Labour Commissioner (Central), New Delhi. 
The  Secretary  to  the  Government  of  India,  Ministry  of  Labour, 
Employment  and  Rehabilitation  (Department  of  Labour  and 
Employment), New Delhi. 

* Where applicable. 
** Delete whichever is not applicable.] 

FORM D 
[SEE RULE 17] 
SUMMONS 

for 

summoned 

investigation/Labour  Court/Tribunal/National  Tribunal 

Whereas  an  industrial  dispute  between................and.................  has  been 
referred  to  this  Board  of  Conciliation  for  investigation  and  settlement,  Court  of 
Enquiry 
for 
adjudication,  under  section  10  of  the  Industrial  Disputes  Act,  1947,  you  are 
hereby 
Board/Court/Labour 
Court/Tribunal/National Tribunal in person on the……..………………………….day 
of.............at...........o‟clock  in  the...........noon  to  answer  all  material  questions 
relating  to  the  said  dispute  and you  are directed  to  produce  on  that  day  all  the 
books, papers and other documents and things in your possession or under your 
control  in  any  way  relating  to  the  matter  under  investigation  by  this 
Board/Court/Labour Court/Tribunal/National Tribunal 
Dated ............... 

appear 

before 

the 

to 

Board of Conciliation. 
Chairman/Secretary, …………………….………... 
Court of Enquiry.  
Labour Court. 

1   Ins. by G.S.R. 1157, dated, 11th October, 1974 

 
 
 
 
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

77 

Tribunal 
Presiding Officer/Secretary, ………………………………. 
National Tribunal 

Notice of Change of Service Condition Proposed by an Employer 

1[FORM E 
[SEE RULE 34] 

Name of employer.........................................……............. 
Address .............................................................................. 
Dated the ......................day of .................................................20 

In  accordance  with  section  9A  of  the  Industrial  Disputes  Act,  1947.  I/We 
hereby  give  notice  to  all  concerned  that  it  is  my/our  intention  to  effect  the 
change/changes 
effect 
from....................................................in  the  conditions  of  service  applicable  to 
workmen  in  respect  of  the  matters  specified  in  the  Fourth  Schedule  to  the  said 
Act. 

annexure, 

specified 

with 

the 

in 

ANNEXURE 
(HERE SPECIFY THE CHANGE/CHANGES INTENDED TO BE EFFECTED) 

Signature.............................. 
Designation............................ 

Copy forwarded to: 
(1) 
(2) 

The Secretary of registered trade union, if any; 
Assistant  Labour  Commissioner 
(Central).............[here  enter  office 
address of the Assistant Labour Commissioner (Central) in the local area 
concerned]; 
Regional Labour Commissioner (Central)...........……………….. Zone; 
Chief Labour Commissioner (Central), New Delhi.] 

FORM F 
[SEE RULE 36] 
REPRESENTATION OF PARTIES 

(3) 
(4) 

Before 

In the matter of. 
Reference No. ............…of.............................… 

(Here mention the authority concerned) 

…………………………………………………………………………………….workmen 
Versus 
… …………………………………………………………………………………Employer 
I/We hereby authorise Shri/Sarvashree................to represent me/us in the 

above matter. 

Dated this..................... day of................... 20.............. 

Signature of person(s) nominating the representative(s) 

Address 

Accepted 
Signature of representative(s) 
Address 

1   Subs. by G.S.R. 402, dated 31st March, 1960. 

 
 
 
 
 
 
                            
78 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

FORM G 
[SEE RULE 47] 

Form of nomination paper 

Name of Industrial Establishment 

Group/Section/Shop/Department 

I nominate……………..(here enter the name of the workmen‟s representative 
eligible  for  election)  as  a  candidate  for  election  to  the  Works  Committee.  He  is 
eligible as a voter in the constituency for which he is nominated. 
Date.................................  

Signature of proposer. 

I agree to the proposed nomination. 

Signature of candidate. 

Date................................. 
 Attested by:  

(1) 
(2) 

(To be signed by any two voters belonging to the electoral constituency.) 

1[FORM G-I 
[SEE RULE 56A] 

Progress Report on constitution and functioning of Works Committee 

for the half-year ending the 30th June/*31st December...................... 

1. Name and address of the establishment. 
2.  Name of the employer. 
3. (a) Number of workmen employed. 
Names of Unions, if any. 
Affiliation  of  the  Union(s)  to  the  Central  Organisations  of 
workers. 

(b) 
(c) 

4.  If the Works Committee has been functioning— 

(a) 
(b) 
(c) 
(d) 

Date of its constitution. 
Number of workmen‟s representatives (elected members). 
Number of employer‟s representatives (nominated members). 
Number of meetings held during the half-year (with dates). 

5.  If  the  Works  Committee  had  not  been  functioning,  the  difficulties 

encountered in its constitution/functioning. 

6.  General remarks, if any. 

Date.................. 
Place................ 

Signature of employer  
or his representative. 

*Strike out the portion not applicable.] 

FORM H 
[SEE RULE 58] 

Form for memorandum of settlement 

Names of Parties: 

Representing employer(s): 
Representing workmen: 

Short recital of the case 
Terms of settlement 
 Signature of the parties ............ 

.................................. 

Witnesses: 

1   Ins. by G.S.R. 1078, dated 4th August, 1962. 

 
 
 
 
 
 
 
 
 
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

79 

(1) .................................. 
(2) ................................... 
.................................................. 
*Signature of  

Conciliation Officer. 
-------------------------- 
Board of Conciliation. 

Copy to: 

(Here  enter  the  office  address  of  the  Assistant  Labour  Commissioner 
(Central)] in the local area concerned.) 
(1)  
(2)  
(3)  
(4)  

[Assistant Labour Commissioner (Central)………………………. 
Regional Labour Commissioner (Central).......;  
Chief Labour Commissioner (Central), New Delhi..... 
The  Secretary  to  the  Government  of  India,  Ministry  of  Labour, 
New Delhi. 

+In case of settlements effected by.  Conciliation Officer. 

-------------------------- 
Board of Conciliation. 

+In  cases  where  settlements  are  arrived  at  between  the  employer  and  his 

workmen otherwise than in the course of conciliation proceeding. 

FORM I 
[SEE RULE 59] 
COMPLAINTS REGARDING CHANGE OF CONDITIONS OF SERVICE 

Labour Court ..................... 

   Tribunal  

Before the --------------------…………….. Complaint under section 33A of  
the  

 National Tribunal 

Industrial Disputes Act, 1947. 
In the matter of: 
A…………………. 

Reference No. .............. 
Complainant(s) 

Versus 

B…………………. 
Address: 
The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have 
been  guilty  of  a  contravention  of  the  provisions  of  section  33  of  the  Industrial 
Disputes Act, 1947 (14 of 1947) as shown below: — 

Opposite Party (ies) 

(Here set out briefly the particulars showing the manner in which the alleged 
contravention has taken place and the grounds on which the order or act of the 
management is challenged) 

The complainant(s) accordingly prays/pray that the            Tribunal  

         Labour Court 
      ---------------------- 

 may  be  pleased  to  decide  the  complaint  set  out  above  and  pass  such  order  or 
orders thereon as it may deem fit and proper. 

The  number  of  copies  of  the  complaint  and  its  annexures  required  under 

rule 59 of the Industrial Disputes (Central) Rules, 1957, are submitted herewith. 

Signature of the complainant(s). 

      ----------------------- 
       National Tribunal 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    
  
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
80 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

Dated this............ day of............. 20..... 

Verification 
I do solemnly declare that what is stated in paragraphs...........above is true 
to  my  knowledge  and  that  what  is  stated  in  paragraphs..................above  is 
stated upon information received and believed by me to be true. This verification 
is signed by me at ………………..on..........................day of..............20............ 

Signature or Thumb impression 
of the person verifying 

FORM J 
[SEE RULE 60 (1)] 
Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or 
National Tribunal). 

Application for permission under-------------------------of section 33 of the  

sub-section (3) 

sub-section (1) 

Industrial Disputes Act, 1947 (14 of 1947),  
In the matter of:  
A…………………. 
Address: 

versus 

B………………….. 
Address: 

Reference No................. 
Applicant 

      Opposite Party(ies). 

The above mentioned applicant begs to state as follows. 

[Here mention the action specified in clause (a) or clause (b) of sub-section (1) 
grounds on which the permission is sought for]. 

The  applicant  therefore  prays  that  express  permission  may  kindly  be 

granted to him to take the following action, namely: — 

[Here mention the action specified in clause (a) or of      of sub-section (1)  

clause (b) of section 33.]  

    ---------------------- of 
     of sub-section (3) 

Signature of the applicant. 

Dated this............. day of................. 20..... 

SPACE FOR VERIFICATION 

Date (on which the verification was signed) ............. 
Place (at which the verification was signed) ............ 

*FORM K 
[SEE RULE 60 (2)] 
Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or 
National Tribunal). 

Application  under  sub-section  (2)  of  section  33  of  the  Industrial  Disputes 

(Signature of the person verifying). 

Act, 1947 (14 of 1947)  

In the matter of: 
A………………… 
Address: 

Reference No. .............. 
Applicant. 

B..................... 
Address 
The above mentioned applicant begs to state as follows: — 

Opposite Party(ies). 

versus 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Schedule  

The Industrial Disputes (Central) Rules, 1957 

81 

(Here set out the relevant facts and circumstances of the case.) 

*The  workman/workmen  discharged/dismissed  under  clause  (b)  of  sub-

section (2) of section 33 has/have been paid wages for one month. 

The  applicant  prays  that  the  Conciliation  Officer/Board/Labour  Court/ 
Tribunal/  National  Tribunal  may  be  pleased  to  approve  of  the  action  taken, 
namely: 
[Here mention the action taken under clause (a) or clause (b) of sub-section (2) of 
section 33]. 

SPACE FOR VERIFICATION 

Signature of the applicant. 

Dated this...............day of............20......... 
Date (on which the verification was signed)..................... 
Place  (at  which  the  verification  was  signed)........(Signature  of  the  person 
verifying). 
*Delete, if not applicable. 

1[FORM K-1 
[SEE RULE 62(1)] 

Application under sub-section (1) of section 33C of the  

Industrial Disputes Act, 1947 

To 

(1) The  Secretary  to  the  Government  of  India,  Ministry  of  Labour  and 

Employment, New Delhi. 

(2)  The  Regional  Labour  Commissioner  (Central),..............  (here  insert  the 

name of the region). 
Sir, 

that 

to  state 

I/We  have 

I  am/we  are  entitled 

from 
M/s.......................a  sum  of  Rs...................on  account  of..................under  the 
provisions of [Chapter V-A/Chapter V-B] of the Industrial Disputes Act, 1947 in 
terms of the award dated the................. given by...................………….in terms of 
the settlement dated the........……………………….........arrived at between the said 
M/s................................and  their  workmen  through...........................the  duly 
elected representatives. 

to  receive 

I/We further state that I/we served the management with a demand notice 
by  registered  post  on...........................for 
the 
management  has  neither  paid  nor  offered  to  pay  to  me/us  even  though  a 
fortnight  has  since  elapsed.  The  details  of  the  amount  have  been  mentioned  in 
the Statement hereto annexed. 

the  said  amount  which 

I/We  request  that  the  said  sum  may  kindly  be  recovered  from  the 
management under sub-section (1) of section 33C of the Industrial Disputes Act, 
1947, and paid to me/us as early as possible. 

Station: 
Date: 

Signature of the applicant(s) Address(es) 
1. 
2. 
3. 
4. 
  ANNEXURE 
[HERE INDICATE THE DETAILS OF THE AMOUNT(S) CLAIMED] 

1   Subs. by G.S.R. 488, dated 16th March, 1965. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                            
82 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

1[FORM K-2 
[SEE RULE 62(1)] 

Application by a person authorised by a workman or by the  

assignee or heir of a deceased workman under  
sub-section (1) of section 33C of the  
Industrial Disputes Act, 1947 

To 

(1) The  Secretary  to  the  Government  of  India,  Ministry  of  Labour  and 

Employment, New Delhi. 

(2)  The Regional Labour Commissioner (Central) ......... (here insert the name 

of the region). 
Sir, 

I*  Shri/Shrimati/Kumari......................…………………...have  to  state  that 
Shri/Shrimati/Kumari………......................*is/was  entitled  to  receive  from  M/s. 
…..….........................................a  sum  of  Rs……….........................on  account  of 
.......................under the provisions of Chapter V-A/Chapter V-B of the Industrial 
Disputes Act, 1947 in terms of the award dated the.....................……….given by 
.........................../  in  terms  of  the  settlement  dated  the..........................arrived 
at  between  the  said  M/s......................……………………and  their  workmen 
through .............................. the duly elected representatives. 

I  further  state  that  I  served  the  management  with  a  demand  notice  by 
registered  post  on  .........................  for  the  said  amount  which  the  management 
has  neither  paid  nor  offered  to  pay  to  me  even  though  a  fortnight  has  since 
elapsed. The details of the amount have been mentioned in the Statement hereto 
annexed. 

I request that the said sum may kindly be recovered from the management 
under  sub-section  (1)  of  section  33C  of  the  Industrial  Disputes  Act,  1947,  and 
paid to me as early as possible. 

*I  have  been  duly  authorised  in  writing  by  ......................  (here  insert  the 
name of the workman) to make this application and to receive the payment of the 
aforesaid amount due to him. 

*I am the assignee/heir of the deceased workman and am entitled to receive 

the payment of the aforesaid amount due to him. 

Station ...…………..  
Date .....................  

Signature of the applicant……………….. 
Address ..................................………… 

ANNEXURE 
[HERE INDICATE THE DETAILS OF THE AMOUNT CLAIMED)] 

*Strike out the portions inapplicable. 

2[FORM K-3 
[SEE RULE 62(2)] 

Application under sub-section (2) of section 33C of  

the Industrial Disputes Act, 1947 

Before  the  Central  Government  Labour  Court  at  ..........................…. 

between……………………….and………………… 

(1) Name of the applicant(s). 

1   Subs. by G.S.R. 488, dated 16th March, 1965. 
2   Subs. by G.S.R. 488, dated 16th March, 1965. 

 
 
 
 
 
 
 
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

83 

(2) Name of the employer. 
The petitioner(s).......................,a workman of.................. M/s ..................... 
of.....................  The  petitioner(s)  undersigned,  workmen  of  …………………………. 
is/are entitled to receive from the said M/s……………………..the money/benefits 
mentioned in the statement hereto annexed. 

It  is  prayed  that  the  Court  be  pleased  to  determine  the  amount/amounts 

due to the petitioner(s). 

Signature or Thumb- 
Impression(s) of 
the applicant(s) 

1. 
2. 
3. 
4. 

Station .................... 
Date ........................ 

Address(es) 

 ANNEXURE 
(Herein set out the details of the money due or the benefits accrued together with 
the case for their admissibility)] 
1[FORM K-4 
[SEE RULE 62(2)] 

APPLICATION BY A PERSON WHO IS AN ASSIGNEE OR HEIR OF A 

DECEASED WORKMAN UNDER SUB-SECTION (2) OF SECTION 33C OF THE 
INDUSTRIAL DISPUTES ACT, 1947 (14 OF 1947) 

Before the Central Government Labour Court at ........................... 

Between 

(1) 
(2) 

Name of the applicant/applicants 
Name of the employer 

I  am/we  are  the  assignee(s)  heir(s)  of  the  deceased  workman  and  am/are 

entitled to make an application on his behalf. 

Shri…….....................is former workman of M/s......................………………of 
.....................is  entitled  to  receive  from  the  said  M/s  ................................  the 
money/benefits mentioned in the statement hereto annexed; 

It  is  prayed  that  the  Court  be  pleased  to  determine  the  amount/amounts 

due to the deceased workman. 

Name and Address of workman.... 
Signature or thumb impression of  
the applicant(s)....................……... 
Address of the applicant(s) ........... 

Station:…………….. 
Date:……………….. 

ANNEXURE 
[Herein set out the details of the money due or the benefits accrued together with 
the case for their admissibility).] 

1   Ins. by G.S.R. 1070, dated 23rd July, 1977. 

 
 
 
 
 
 
 
                            
84 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

FORM L 
[SEE RULE 71] 
FORM OF NOTICE OF STRIKE TO BE GIVEN BY 1[UNION/WORKMEN] IN 
PUBLIC UTILITY SERVICE  
NAME OF UNION 

2[Names of five elected representatives of workmen.] 
Dated the ............. day of ................20......... 

To 

(The name of the employer) 

Dear Sir/Sirs, 

In accordance with the provisions contained in sub-section (1) of section 22 
of the Industrial Disputes Act, 1947, I/We hereby give you notice that I propose 
to  call  a  strike/  We  propose  to  go  on  strike  on  .........20..........,  for  the  reasons 
explained in the annexure. 

Yours faithfully, 
Secretary of the Union 
--------------------------------------------------------------------------------------------- 

3[Five  representatives  of  the  workmen  duly  elected  at  a  meeting  held 

on.......(date), vide resolution attached] 

ANNEXURE 

Statement of the case. 
Copy to : 
(1) Assistant Labour Commissioner (Central)……………………………………….. 
(Here enter office address of Assistant Labour Commissioner (Central) in the local 
area concerned) 

(2) Regional Labour Commissioner (Central) ....................... Zone. 
(3) Chief Labour Commissioner (Central), New Delhi. 

4[FORM M 
[SEE RULE 72] 
FORM OF NOTICE OF LOCK-OUT TO BE GIVEN BY AN EMPLOYER 
CARRYING ON A PUBLIC UTILITY SERVICE 

Name of employer....................................…………………………………………. 
Address..........................................................…………………………………. 
Dated the..............day of............20............ 
In  accordance  with  the  provisions  of  sub-section  (2)  of  section  22  of  the 
Industrial Disputes Act, 1947, I/we hereby give notice to all concerned that it is 
my/our intention to effect a lock-out in...........................department(s)/section(s) 
of my/our establishment with effect from..................for the reasons explained in 
the annexure. 

Signature………………. 
Designation…………. 

Copy forwarded to  

ANNEXURE 
STATEMENT OF REASONS 

1   Subs. by G.S.R. 488, dated 16th March, 1965. 
2   Subs. by G.S.R. 488, dated 16th March, 1965. 
3   Subs. by G.S.R. 1151, dated 8th October, 1959. 
4   Subs. by G.S.R. 1151, dated 8th October, 1959. 

 
 
 
 
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

85 

(1)  
(2)  

(3)  
(4)  

The Secretary of the Registered Union, if any. 
Assistant Labour Commissioner (Central)………………………………………. 
(Here  enter  office  address  of  the  Assistant  Labour  Commissioner 
(Central) in the local area concerned.] 
Regional Labour Commissioner (Central)..............Zone 
Chief Labour Commissioner (Central), New Delhi.] 

 
 
 
86 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

FORM N 
[SEE RULE 73] 
FORM OF REPORT OF STRIKE OR LOCK-OUT IN A PUBLIC UTILITY SERVICE 

Information to be supplied in this form immediately on the occurrence of a strike or lock-out in a public utility service to the 

Assistant Labour Commissioner (Central) for the local area concerned 

Name 
of 
under- 
taking 

Station 
and 
district 

Normal 
working 
strength 

Number of workers 
involved 

Directly 

Indirectly 

Cause 

Strike 
or 
lock- 
out 

Date of 
commen 
cement of 
strike or 
lock-out 

Any other 
information 

Was 
notice 
of 
strike 
or 
lock-
out 
given? 
if so on 
what 
date 
and for 
what 
period 

Is there any 
permanent 
agency or 
agreement in 
the undertaking 
for the 
settlement of 
dispute between 
the employer 
and workmen? 
If any exists, 
particulars 
thereof 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

Notes.:-Column.-(3)  Give  the  average  number  of  workmen  employed  during  the  month  previous  to  the  day  on  which  the 
strike or lock-out occurred. While reckoning the average, omit the days on which the attendance was not normal for reasons other 
than individual reasons of particular workmen. Thus days on which strike or lock-out occurs or communal holiday is enjoyed by a 
large section of workers should be omitted. 

Column.-(4) If, say, 200 workers in a factory strike work and in consequence the whole factory employing 1,000 workers has 
to be closed then, 200 should be shown under “directly” and the remaining under “indirectly”. If the strike of 200 workers does not 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Schedule  

The Industrial Disputes (Central) Rules, 1957 

87 

affect the working of the other departments of the factory, the number of workers involved would only be 200, which figure should 
appear under „directly‟ and column „indirectly‟ would be blank. 

Column.-(8) Give the main causes of the dispute as well as the immediate cause that led to the strike or lock-out. 

 
 
88 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

FORM O 
[SEE RULE 75] 
REGISTER 
PART I 

Serial 
No. 

Industry 

Parties to the 
Settlement 

Date of 
Settlement 

Remarks* 

*Whether  the  settlement  was  effected  at  the  intervention  of  the  conciliation 
machinery,  or  by  mutual  negotiations  between  the  parties,  may  be  indicated 
here. 

Should contain one copy each of the settlements in the serial order indicated 

PART II 

in Part I 

1[FORM O-1 
[SEE RULE 75A] 

To 

Sir, 

The Regional Labour Commissioner (Central), 
 ..................………………………………………… 
(here specify the region concerned) 

Under rule 75A of the Industrial Disputes (Central) Rules, 1957 I/we hereby 
inform you that I/we have laid off.............out of a total of† .................. workmen 
employed  in  the  establishment  with  effect  from††.................for  the  reasons 
explained in the Annexure. 

2.  Such  of  the  workmen  concerned  as  are  entitled  to  compensation  under 
section 25C of the Industrial Disputes Act, 1947, will be paid compensation due 
to them. 
**   
Yours faithfully, 
Copy forwarded to Assistant Labour Commissioner (Central)]....... …………… 

[Here specify the address of  
the Assistant Labour Commissioner  
(Central) of the local area concerned]. 

+Here insert the number of workmen. 
++Here insert the date. 
**Here  insert  the  position  which  the  person  who  signs  the  letter  holds  with  the 
employer issuing the letter. 

ANNEXURE 
STATEMENT OF REASONS 

2[FORM O-2 
[SEE RULE 75A] 

To 

The Regional Labour Commissioner (Central), 
………………………… ...................... 

1   Ins. by G.S.R. 299, dated 22nd February, 1960. 
2   Ins. by G.S.R. 111 (E), dated 5th March, 1976. 

 
 
 
  
  
  
  
  
 
 
 
 
 
 
 
 
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

89 

(here specify the region concerned) 

Sir, 

As  required  by  rule  75A  of  the  Industrial  Disputes  (Central)  Rules,  1957, 
and in continuation of my/our notice dated†......................... in Form O-1, I/we 
hereby  inform  you  that  the  lay-off  in  my/our  establishment  has  ended 
on†........................ 

Yours faithfully, 
++  

Copy to the Assistant Labour Commissioner (Central) .......…………………….. 

[Here specify the address of the Assistant Labour  
Commissioner (Central)] of the local area concerned]. 

+Here insert the date. 
++Here  insert  the  position which  the  person  who  signs  the  letter  holds  with  the 
employer issuing the letter.] 

1[FORM O-3 
(TO BE SUBMITTED IN TRIPLICATE 2[***]) 
[SEE RULE 75B (1)] 
FORM OF APPLICATION FOR PERMISSION TO LAY-OFF, TO CONTINUE THE  
LAY-OFF OF WORKMEN IN INDUSTRIAL ESTABLISHMENTS TO WHICH  
PROVISIONS OF CHAPTER V-B OF THE INDUSTRIAL DISPUTES ACT, 1947  
(14 OF 1947) APPLY 

To 

Sir, 

 ........................................ 
 ........................................ 
 ........................................ 
 [The authority specified under sub-section (1) of section 25M]. 

Under  *sub-section  (1)/sub-section  3[(3)]  of  section  25M  of  the  Industrial 
Disputes  Act,  1947  (14  of  1947)  read  with  sub-rule  (1)  of  rule  75B  of  the 
Industrial  Disputes  (Central)  Rules,  1957  I/We  hereby  apply  for*  permission  to 
the  lay-off/permission  to  continue  the  lay-off  ..................  workmen  of  a  total  of 
.....................  workmen  employed  in  my/our  establishment  with  effect  from 
.................. for the reasons set out in the Annexure. 
Permission  is  solicited  *for  the  lay-off/to  continue  the  lay-off  of  the  said 
workmen. 

Such  of  the  workmen  permitted  to  be  laid-off  will  be  paid  such 
compensation,  if  any,  to  which  they  are  entitled  under  sub-section  4[(6)]  of 
section  25M,  read  with  section  25C,  of  the  Industrial  Disputes  Act,  1947  (14  of 
1947). 

Yours faithfully. 
(Signature).  

*Strike out whatever is inapplicable. 

ANNEXURE 

(Please give replies against each item) 

Item No. 

1   Ins. by G.S.R. 111 (E), dated 5th March, 1976. 
2   Omitted by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 
3   Subs. by S.O. 2485, dated 20th May, 1985. 
4   Subs. by S.O. 2485, dated 20th May, 1985. 

 
 
 
                            
90 

1.  

2. 

3 

4.  

5. 

6. 

7. 

8. 

9. 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

(ii) 

(iii) 

public 

indicate 

the  undertaking 

the  commencement  of 

Name  of  the  undertaking  with  complete 
postal  address, 
including  telegraphic 
addresses and telephone number. 
Status of undertaking:— 
(i) 

Whether  Central  public  sector/ 
State 
sector/foreign 
majority  company/  joint  sector, 
etc. 
If  belongs  to  large  industrial 
the 
house,  please 
controlling  group;  and 
if  a 
foreign  majority 
company, 
indicate  
the extent of foreign holdings. 
is 
Whether 
licensed/  registered  and  if  so, 
name  of  licensing/  registration 
authority 
licence/ 
and 
registration certificate numbers. 
(a)*Names  and addresses  of  the  affected 
workmen proposed to be laid-off/ names 
and  addresses  of  the  workmen  laid  off 
before 
the 
Industrial  Disputes  (Amendment)  Act, 
1976  (32  of  1976)  and  the  dates  from 
which each of them has been laid off. 
(b)  The  nature  of  the  duties  of  the 
workmen referred to in sub-item (a), the 
units/ sections/shops where they are or 
were  working  and  the  wages  drawn  by 
them. 
Items  of  manufacture  and  scheduled 
industry/industries  under  which  they 
fall. 
Details  relating  to  installed  capacity, 
licensed capacity and utilised capacity. 
(i) Annual production, item-wise, for the 
preceding three years 
(ii)  Production  figures,  month-wise,  for 
the preceding twelve months. 
Work-in-progress,  item-wise  and  value-
wise. 
Any  arrangements  regarding  off-loading 
or  sub-contracting  of  products  or  any 
components thereof. 
Position  of  the  order  book,  item-wise 
and  value-wise 
for  a  period  of  six 
months, and one year next following and 
for the period after the expiry of the said 
one year. 

 
 
 
 
Schedule  

The Industrial Disputes (Central) Rules, 1957 

91 

10. 

11. 

12. 
13. 

14 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

the 

companies  under 

Number of working days in a week with 
the  number  of  shifts  per  day  and  the 
strength of workmen per each shift. 
Balance sheets, profit and loss accounts 
and  audit  reports  for  the  last  three 
years. 
Financial position of the company. 
Names of the inter-connected companies 
or 
same 
management. 
(i)  The 
total  number  of  workmen 
(category-wise),  and  the  number  of 
employees  other 
than  workmen  as 
defined  under  the  Industrial  Disputes 
Act,  1947  (14  of 1947),  employed  in  the 
undertaking. 
(ii)  Percentage  of  wages  of  workmen  to 
the total cost of production. 
Administrative,  general  and  selling  cost 
in  absolute  terms/  per  year  in  the  last 
three  years  and  percentage  thereof  to 
the total cost. 
Details  of  lay-offs  resorted to  in  the  last 
three  years  (other  than  the  lay-off  for 
which  permission  is  sought),  including 
the periods of such lay-offs, the number 
of workmen involved in each such lay-off 
and the reasons therefor. 
Anticipated 
*Proposed 
continuance  of  which  permission 
sought. 
Any  proposal  for  effecting  savings  on 
account of reduction in- 
(i) 
(ii) 
(iii) 

managerial remuneration, 
sales promotion cost, and 
general administration 
expenses. 

due 
lay-off 

the 
the 
is 

savings 

lay-off/ 

to 
for 

Position of stocks on last day of each of 
the  month 
in  the  preceding  twelve 
months. 
Annual  sales  figures  for  the  last  three 
years  and  month-wise  sales  figures  for 
the  preceding  twelve  months  both  item-
wise and value-wise. 
Reasons for the *proposed lay-off/lay-off 
for the continuance of which permission 
is sought. 
Any  specific  attempts  made  so  far  to 
avoid  the  *proposed  lay-off/lay-off  for 
the  continuance  of  which  permission  is 
sought. 

 
 
 
92 

23. 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

Any  other  relevant  factors  with  details 
thereof. 

*Strike out whatever is inapplicable]. 

FORM P 
[SEE RULE 76] 
FORM OF NOTICE OF RETRENCHMENT TO BE GIVEN BY AN EMPLOYER 
UNDER CLAUSE (C) OF SECTION 25F OF THE INDUSTRIAL DISPUTES ACT, 
1947 

Name of employer................................... 
Address.............................. 
Dated the.................day of.............20...... 

 The Secretary to the Government of India. 
 Ministry of Labour, New Delhi. 

To 

Sir, 

Under  clause  (c)  of  section  25F  of  the  Industrial  Disputes  Act,  1947  (14  of 
1947), 
to  retrench 
that 
*..........................  workmen  with  effect  from  **..................................  for  the 
reasons explained in the Annexure. 

I/we  have  decided 

I/we  hereby 

inform  you 

2.  †The  workmen  concerned  were  given  on  the  ....................  20................ 
one  month‟s notice  in  writing as  required  under  clause  (a)  of  section  25F  of  the 
Act.  Retrenchment  is  being  effected  in  pursuance  of  an  agreement,  a  copy  of 
which  is  enclosed.  The  workmen  were  given  on  the  **............................  20 
................  one  month‟s  pay  in  lieu  of  notice,  as  required  under  clause  (a)  of 
section 25F of that Act. 

3. The total number of workmen employed in the industrial establishment is 
***.................  and  the  total  number  of  those  who  will  be  affected  by  the 
retrenchment is given below:- 

Category and designation of 
workmen to be retrenched 

Number of workmen 

1 

Employed 
2 

To be retrenched 
3 

4.  I/We  hereby  declare  that  the  workman/workmen  concerned  has/have 
been/will be paid compensation due to them under section 25F of the Act on ** 
............. the expiry of the notice period. 

Yours faithfully, 
++ 

*Here insert the number of workmen. 
**Here insert the date. 
†Delete the portion which is not applicable. 
***Here  insert  the  total  number  of  workmen  employed  in  the  industrial 
establishment. 
††Here insert the position which the person who signs  this letter holds with the 
employer issuing the letter. 

 
 
 
 
 
 
 
 
 
 
 
Schedule  

The Industrial Disputes (Central) Rules, 1957 

93 

ANNEXURE 
STATEMENT OF REASONS 

Copy to:  

(1)  

Assistant Labour Commissioner (Central) 

(Here enter office address of the Assistant Labour  
Commissioner (Central) in local area concerned). 

Regional Labour Commissioner (Central), 

(2)  
1[(3)   Employment Officer, Employment Exchange ……………………… 
[Enter the full address of the Employment  
Exchange concerned.] 

2[FORM PA 
(TO BE MADE IN TRIPLICATE 3[***]) 
[SEE RULE 76A(1)] 

Form of notice for permission for retrenchment of workmen to be given by an 
employer under clause 4[(d)] of sub-section (1) of section 25N of the Industrial 
Disputes Act, 1947 [14 of 1947] 

Date .................... 

To 

 ...................................... 
 ...................................... 
 ...................................... 
[The  Central  Government/authority*  specified  under  clause  (C)  of  sub-

section (1) of section 25N]. 

Sir, 

Under clause (c)] of sub-section (1) of section 25N of the Industrial Disputes 
Act,  1947  (14  of  1947),  I/we  hereby  inform  you  that  *I/we  propose  to  retrench 
....................... workmen [being workmen to whom sub-section (1) of section 25N 
applies]  with  effect  from  ..............................  for  the  reasons  set  out  in  the 
Annexure. 

2.  The  workmen  *concerned  have  been  given  notice  in  writing  as  required 
under  clause  (a)  of  sub-section  (1)  of  section  25N/have  not  been  given  notice 
since  the  retrenchment  is  under  an  agreement  (copy  of  which  is  enclosed)  as 
provided in the proviso to the said clause. 

3.  The  total  number  of  workmen  employed  in  the  industrial  establishment 
is.......and  the  total  number  of  those  who  will  be  affected  by  the  proposed 
retrenchment is as given below:— 
Category and designation of 
workmen to be retrenched 

Number of workmen 

1 

Employed 
2 

To be retrenched 
3 

1   Ins. by G.S.R. 410 (E), dated 13th September, 1972. 
2   Ins. by G.S.R. 111 (E), dated 5th March, 1976. 
3   Omitted by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982). 
4   Subs. by S.O. 2485, dated 20th May, 1985. 

 
 
 
 
 
 
 
 
 
 
 
                            
94 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

4. Permission is solicited for the proposed retrenchment under clause (c) of 

sub-section (1) of section 25N. 

5. I/We hereby declare that the workmen permitted to be retrenched will be 
paid compensation due to them under clause (b) of sub-section (1) of section 25N 
of the Act. 

Yours faithfully, 
(Signature)  

*Strike out whatever is inapplicable. 

ANNEXURE 

(Please give replies against each item) 

Item No. 
1. 

2. 

3. 

4. 

5. 

6. 

7.  

8. 

(ii) 

(iii) 

public 

indicate 

the  undertaking 

Name  of  the  undertaking  with  complete 
postal  address, 
including  telegraphic 
addresses and telephone number. 
Status of undertaking:- 
(i) 

Whether  Central  public  sector/ 
State 
sector/foreign 
majority  company/joint  sector, 
etc. 
If  it  belongs  to  large  industrial 
the 
house,  please 
controlling  group;  and 
if  a 
company, 
foreign  majority 
indicate  the  extent  of  foreign 
holdings. 
Whether 
is 
licensed/  registered  and  if  so, 
name  of  licensing/registration 
authority 
licence/ 
and 
registration certificate numbers. 
Names  and  addresses  of  the  workmen 
proposed  to  be  retrenched  and  the 
the 
their 
nature 
units/sections/shops  where  they  are 
working and the wages drawn by them. 
Items  of  manufacture  and  scheduled 
industry/industries  under  which  they 
fall. 
Details  relating  to  installed  capacity, 
licensed  capacity  and 
the  utilised 
capacity. 
(i)  Annual  production, 
preceding three years. 
(ii)  Production  figures  month-wise  for 
the preceding twelve months. 
Work in progress - item-wise and value-
wise. 
Any  arrangement  regarding  off-loading 
or  sub-contracting  of  products  or  any 
components thereof. 

item-wise 

duties, 

for 

of 

 
 
 
 
Schedule  

The Industrial Disputes (Central) Rules, 1957 

95 

9. 

10. 

11. 

12. 
13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

the 

companies  under 

Position  of  the  order  book—item-wise 
and  value-wise 
for  a  period  of  six 
months and one year next following, and 
for the period after the expiry of the said 
one year. 
Number of working days in a week with 
number of shifts per day and strength of 
workmen per shift. 
Balance  sheet:  profit  and  loss  account 
and  audit  reports  for  the  last  three 
years. 
Financial position of the company. 
Names of the inter-connected companies 
or 
same 
management. 
(i)  The 
total  number  of  workmen 
(Category-wise),  and  the  number  of 
employees  other 
than  workmen  as 
defined  in  the  Industrial  Disputes  Act, 
1947  (14  of  1947),  employed  in  the 
undertaking. 
(ii)  Percentage  of  wages  of  workmen  to 
the total cost of production. 
Administrative,  general  and  selling  cost 
in  absolute  terms  per  year  for  the  last 
three  years  and  percentage  thereof  to 
the total cost. 
Details  of  retrenchment  resorted  to  in 
the  last  three  years,  including  dates  of 
retrenchment,  the  number  of  workmen 
involved  in  each  case  and  the  reasons 
therefor. 
Has  any  of  the  retrenched  workmen 
been  given  re-employment  and  if  so, 
when? Give details. 
Are  seniority  lists  maintained  in  respect 
of  the  categories  of  workmen  proposed 
to  be  retrenched  and  if  so,  the  details 
and the position of the workmen affected 
indicating 
service 
including broken periods of service? 
Anticipated savings due to the proposed 
retrenchment. 
Any  proposal  for  effecting  savings  on 
account of reduction in- 
(i)  
(ii) 
(iii) 

managerial remuneration 
sales promotion cost, and 
general administration 
expenses. 

length  of 

their 

Position of stocks on the last day of each 
of  the  months  in  the  preceding  twelve 
months. 

 
 
 
96 

22. 

23. 
24. 

25. 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

Annual  sales  figures  for  the  last  three 
years  and  month-wise  sales  figures—for 
the  preceding  twelve  months  both  item-
wise and value-wise. 
Reasons for the proposed retrenchment. 
Any  specific  attempt  made  so  far  to 
avoid the proposed retrenchment. 
Any  other  relevant  factors  with  details 
thereof. 

1[***] 

2[FORM Q 
[SEE RULE 76A] 
FORM OF NOTICE OF CLOSURE TO BE GIVEN BY AN EMPLOYER UNDER  
SECTION 25-FFA OF THE INDUSTRIAL DISPUTES ACT, 1947 

Name of employer...........................  
Dated the...................day of.............. 20............. 

Address......................... 

To 

Sir, 

The Secretary to the Government of India, 
Department of Labour and Employment, 
New Delhi. 

Under  section  25-FFA  of  the  Industrial  Disputes  Act,  1947  (14  of  1947), 
I/we  hereby  inform  you  that  I/we  have  decided  to  close  down  ....................... 
(name  of  the  undertaking)  with  effect  from  .......................  for  the  reasons 
explained  in  the  Annexure.  The  number  of  workmen  whose  services  would  be 
terminated  on  account  of  the  closure  of  the  undertaking  is  ....................... 
(number of workmen). 

Yours faithfully, 

*(Here insert the position which the person who signs this letter holds with 

the employer issuing this letter). 

ANNEXURE 
STATEMENT OF REASONS 

Copy to:- 

(1)  
(2)  
(3)  

The Regional Labour Commissioner (Central)* ................ 
The Assistant Labour Commissioner (Central)* ................ 
The Employment Exchange*..............……………………….. 

*(Here  enter  the  office  address  of  the  Regional  Labour  Commissioner 
(Central)  and  the  Employment 

(Central)/Assistant  Labour  Commissioner 
Exchange in the local area concerned.)] 

3[FORM QA 
(TO BE SUBMITTED IN TRIPLICATE) 
[SEE RULE 76C(1)] 

Form of notice for permission of closure to be given by an  
employer under sub-section (1) of section 25-O of the  
Industrial Disputes Act, 1947 (14 of 1947) 

Date ................... 

1   Form PB omitted by S.O. 2485, dated 20th May, 1985. 
2   Ins. by G.S.R. 410(E), dated 13th September, 1972. 
3   Ins. by G.S.R. 111 (E), dated 5th March, 1976. 

 
 
 
 
 
                            
Schedule  

The Industrial Disputes (Central) Rules, 1957 

97 

To 

Sir, 

The Secretary to the Government of India, 
Ministry of Labour, 
New Delhi. 

Under  section  25C  of  the  Industrial  Disputes  Act,  1947  (14  of  1947),  I/we 
hereby  inform  you  that  I/we  propose  to  close  down  the  undertaking  specified 
below of/(name of the industrial establishment) 

(Give details of the undertaking) 
................................................................. 

with effect from....................................for the reasons explained in the Annexure. 
2. The number of workmen whose services will be terminated on account of 

the closure of the undertaking is ............ (number of workmen). 

3. Permission is solicited for the proposed closure. 
1[4.  I/we  hereby  declare  that  in  the  event  of  approval  for  the  closure  being 
granted,  every  workman  in  the  undertaking  to  whom sub-section  (8)  of  the  said 
section 25-O applies shall be paid compensation as specified in that section.] 

ANNEXURE 
(PLEASE GIVE REPLIES AGAINST EACH ITEM) 

Yours faithfully, 
(Signature)  

Item No. 
1. 

2. 

3.  

(ii) 

indicate 

Name  of  the  industrial  establishment 
with  complete  postal  address  including 
telegraphic  addresses  and  telephone 
number. 
Status of undertaking:- 
(i) 

Whether  Central  public  sector/ 
State  public  sector/ 
foreign 
majority  company/  joint  sector, 
etc. 
If  it  belongs  to  large  industrial 
the 
house,  please 
controlling  group;  and 
if  a 
foreign  majority 
company, 
indicate  the  extent  of  foreign 
holdings. 
Whether 
is 
licensed/  registered  and  if  so, 
name  of  licensing/registration 
authority 
licence/ 
and 
registration certificate numbers. 
The  total  number  and  categories  of 
workmen  affected  by 
the  proposed 
closure,  along  with  the addresses  of  the 
workmen and the details of wages drawn 
by them. 

the  undertaking 

(iii) 

1   Subs. by S.O. 2485, dated 20th May, 1985. 

 
 
 
                            
98 

4. 

5. 

6.  

7. 

8. 

9. 

10. 

11. 

12. 

13. 
14. 

15. 

16. 

17. 

The Industrial Disputes (Central) Rules, 1957 

Schedule  

with 

Items  of  manufacture  and  scheduled 
industry/industries  under  which  they 
fall. 
Details  relating  to  licensed  capacity, 
the  utilised 
installed  capacity  and 
capacity : 
(i)  Annual  production  item-wise  and 
value-wise. 
(ii)  Production  figures  month-wise  for 
the preceding twelve months. 
Work  in  progress—item-wise  and  value-
wise. 
Any  arrangement  regarding  off-loading 
or  sub-contracting  of  products  or  any 
component thereof. 
Details  of  persons  or  the  organisations 
to  whom  the  job/  jobs  is/  are  being 
entrusted/relationship/interest  of  the 
persons/organisations 
the 
director/directors  or  the  officer/officers 
of the company. 
Position of the order book/item-wise and 
value-wise  for  a  period  of  six  months 
and one year next following, and for the 
period  after  the  expiry  of  the  said  one 
year. 
Number of working days in a week with 
the  number  of  shifts  per  day  and  the 
strength of workmen per shift. 
Balance  sheet  and  profit  and 
loss 
account  and  audit  reports  for  the  last 
three years. 
Financial position of the company. 
(i)  Names  of  interconnected  company  or 
companies 
same 
management. 
(ii)  Details 
intercorporate 
about 
investments and changes during the last 
one year. 
(iii)  Interest  of  any  of  the  directors/ 
officers  of  the  undertaking  producing 
same or similar type of product. 
Percentage  of  wages  of  workmen  to  the 
total cost of production. 
Administrative,  general  and  selling  cost 
in  absolute  terms  per  year  for  the  last 
three  years  and  percentage  thereof  to 
the total cost. 
Inventory position—item-wise and value-
wise  for  the  preceding  twelve  months 
(Inventories  to  be  shown  in  respect  of 
finished  products,  components  and  raw 

under 

the 

 
 
 
 
 
Schedule  

The Industrial Disputes (Central) Rules, 1957 

99 

18. 

19. 

20. 

21. 

22. 

23. 
24. 

25. 

in 

preceding 

materials  to  be  shown  separately  item-
wise and value-wise). 
Selling  arrangement  for  the  last  three 
years  and  any  change  in  the  selling 
twelve 
arrangement 
months. 
Full  details  of  the  interests  of  the 
directors  and  officers  of  the  company  in 
the  organisation/  persons  involved  in 
selling products of the undertaking. 
Buying  arrangements  for  raw  materials 
and components. 
Interests  of  the  directors  and  officers 
with  the  organisations/persons  involved 
and 
raw  materials 
in 
components for the undertaking. 
Annual  sales  figures  for  the  last  three 
years  and  month-wise  sales  figures  for 
the  preceding  twelve  months  both  item-
wise and value-wise. 
Reasons for the proposed closure. 
Any  specific  attempts  made  so  far  to 
avoid the closure. 
Any  other  relevant  factors  with  details 
thereof. 

buying 

1[***] 
-------------------- 

1   Form QB omitted by S.O. 2485, dated 20th May, 1985. 

 
 
                            
